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Legalease, Lawyer
Category: Legal
Satisfied Customers: 16215
Experience:  15 years exp all aspects of general law
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I need to know if a lawyer to find out of a lawyer misleads

Customer Question

I need to know if a lawyer to find out of a lawyer misleads you and talks you in to changing you plea and then cuts you off when you think you are aloud to tell your side of the story! Is there anything I can do?
Submitted: 2 months ago.
Category: Legal
Expert:  Legalease replied 2 months ago.

Hello there --


In a criminal matter, if you agree to take a plea deal or plea agreement with the prosecution, then the only thing that you are legally permitted to say in the court room is to admit to the manner in which the incident happened according to whatever the prosecution's idea of that incident is. At that point, you do not have a right to speak and tell you "side" of the story, and your lawyer was and is well aware of this if he has any experience as a criminal defense attorney. If there is another side to your story which contradicts what the prosecution believes and what the prosecution wants you to plead guilty to (or plead that you are responsible), then that is why you ask for a full court trial either in front of a judge or a jury (your lawyer also knows this). It sounds to me like it was easier for your lawyer to get you to plead that you were responsible or guilty for some offense rather than to take the matter to a full court trial and that is the reason why he cut you off -- because if the judge hears an explanation or words from your mouth that contradict what you are pleading guilty to, then the judge might actually stop the court proceeding and question you on the matter and then the judge can REFUSE to accept the plea offered by the prosecution from you and your attorney and then set the matter for a trial in the court.


So, your lawyer might have believed that he was doing what was in your best interests -- even if you do not agree and wanted to give your version of what happened to the court before the plea was accepted by the judge. If you are not happy with the way things turned out then your recourse is to file a complaint with the Ohio Bar association (you have to make the complaint in a written letter to them) and they will investigate the matter. In the meantime, I suggest that you either ask the Ohio Bar Association or your local county bar association for the names of several criminal attorneys in your area who can review these matters with you and possibly withdraw the plea to the court and ask for a full trial if you are not happy with the way that things turned out in the case. There is a limited time window where you can withdraw a plea and reset a case for trial, so I suggest that you hire another attorney as soon as you can to handle these matters if that is what you wish to do with your case. The Ohio Bar association will discipline the original attorney (it takes a few months to happen) and you most likely will not be required to pay any additional legal fees still owed to him (you should also ask for a refund and you may be able to get at least some of the money you had already paid to him returned to you as part of his reprimand).


I hope that helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the ratings section so I will be paid for my time assisting you? I am paid nothing for answering your questions unless you press the middle star or the fourth or fifth star to the right of the middle star above. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time for assisting you today. THANK YOU VERY MUCH !!



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