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A friend of mine took a plea bargain in a child molestation

A friend of mine took a plea bargain in a child molestation case. None of the evidence or witness statements were ever presented by his public defender. A paper was shoved in his face and the attorney said his dna was on a comforter and told him to take a plea. well he lived in the house his dna is actually all over the house. no doctor records or anything was seen and there is actually a video of the child having sex with two boys down the road and the mom found it and was one of the ones who wrote a statement and willing to present it in court. he was forced into taking this bargin cause he had no knowledge of how the system works at all. he was just being used to make an exampleJA: What state is this in? And can you tell me a little more about the charge?Customer: gaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: he is currently going on his second year of incarceration and with this time the mother has actually written him a letter when in fact she is not to have any contact with him at all. she has also sent him photos of her and her daughter.

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Law Educator, Esq.

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0 years ago i was charged with 708.1 (1) simple domestic

HiJA: Hello. What is your issue regarding?Customer: @0 years ago i was charged with 708.1 (1) simple domestic assault and i plead guilty to get out of jail (i was drunk) and did not know the consequences of what it meant. The denied my right to appeal but i kind of let it go. Now i want to get a license to carry a gun and i need to know if i can or cant. I am currently a teacher at a university and have had no prior or antything after sqeekly clean record and i didnt even do the crime to begin with. so how do i find out if or how i can do thisJA: Because laws vary from place to place, can you tell me what state this is in?Customer: iowaJA: Has anything been filed or reported?Customer: what do you mean now or back thenJA: Anything else you want the lawyer to know before I connect you?Customer: oh nope

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Hammer O'Justice

Attorney

Juris Doctor

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I was just charged in Fl with Battery against my husband

I was just charged in Perry Fl with Battery against my husband because he failed to tell the law officer "everything" that he had done over the past two years to lead up to the lashing out at him! I am a Christian lady;however, due to several mental, physcial, and emotionally abusive relationships I have unfortunately been in and the "conartists" I have dealt with, I have chosen in 2013 after 13 years of having an LPN licensure to file for disability due to the horrific anxiety and emotional trauma I was suffering from. My present husband and I met through his mother and father who were attending the same church that I was and they introduced us. I thought for sure he was finally the one for me! He had a stable job and home; however, he was totally lost!!! He had been involved in a relationship with a man and his wife and kids and lied about the entirety of it! I later found a picture of him and the woman on our home computer, completely out of innocence, and all he could say was he didn't care and wasn't ashamed of his past! He has been nothing but disrespectful and tried to make others believe that I am crazy and he is Mr. innocent! He treats me one way and "talks and acts totally different" toward other women on the phone and in public! He is a TOTAL Fake!!! However, I love him so what do I do? Today is our 2 yr wedding anniversary! Conseqently, now I am on 18 months probation with a Battery DV charge and have to take BIP courses when he should be the one taking them!!!!!!!!!!!JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Yes Ma'am, Perry, Fl.JA: Have you talked to a lawyer yet?Customer: Yes Ma'am, my court appointed attorney was Richard Lavasseur. He told me that I could either take the plea bargain or it would be even worse if I took it to trial. However, I had an issue with the solicitor and the way she told me she could not speak to me, and I feel that she was only judging me by her own "biased" opinion!!!JA: Anything else you want the lawyer to know before I connect you?Customer: No Ma'am? Is this going to be a free consultation? I am just wondering since I took a plea bargain if I can appeal it?

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Law Educator, Esq.

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My son got 2 aggravated robbery charges after befriending a

my son got 2 aggravated robbery charges after befriending a man in little rock who ended up being bloods anyway my son sat in jail for 4 yrs and was sentenced to 31yrs in federal prison he finally signed a plea I know hhe has rights to appeal this can, u help us find a attorney to review his caseJA: Because laws vary from place to place, can you tell me what state this is in?Customer: arkansasJA: Have you talked to a lawyer yet?Customer: only the court appointed all of them want a 3000 retainer feeJA: Anything else you want the lawyer to know before I connect you?Customer: my son had no prior crimes and was only 18yrs old now he has lost over half his adult life

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Nisha Jones, Esq.

Juris Doctorate

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I plead guilty in 2001 in ms. was told by the sentencing

I plead guilty in 2001 in ms. was told by the sentencing judge, my attorney with no objection from prosecution I would be eligible for parole in 10 years. 8 years into the sentence find out this is not true and due to my first post conviction attorney not presenting this issue have been procedurally barred from having it corrected have tried two additional times thinking of trying based on Frye vs Missouri will at case back an ineffective assistance claim that will overcome state procedural bars if not is there a new case that will? I have done 15 1/2 years on a sentence they promised would take 10 years and the judge explaining this is in the sentencing yranscript

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Law Educator, Esq.

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My 63 year old brother was found guilty of kidnapping and

My 63 year old brother was found guilty of kidnapping and gross sexual imposition, 8 counts on one girl, from the time she was 7 to 11, he plea bargin to what he thought would be 3 to 5 years, turned out it was 3 to 5 years per count, his first offense, he's a family man, and just recently retired, we paid his lawyer all the money we had and borrowed on our house, $18,000.00, his lawyer did a bad job defending, needless to say the Judge gave him 23 years in prison, we filed a appeal, the Judge and prosector claims hes a Monster and Dr Jykel and Mr Hyde, this is not him at all, I believe he is guilty, but dont believe in the senctence, any advise

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Hammer O'Justice

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Juris Doctor

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My minor 16 year old son received a traffic ticket. We tried

My minor 16 year old son received a traffic ticket. We tried fighting it via Trial by Declaration but was found guilty (the final guilty stmt did not include an option to attend traffic school). At this point, I would like to obtain a chance to have him go to traffic school. What is the correct way to go about requesting the traffic school?

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KimberlyLaw

Principal Attorney

Master's Degree

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Are there any Florida or Federal court cases that ruled that

Are there any Florida or Federal court cases that ruled that because a defendant was not properly told by his attorney or the court about possible collateral damages as the result of a criminal conviction that he is entitled to withdraw his plea of no contest?

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Ely

Counselor at Law

Juris Doctor

68,702 satisfied customers
My stepdaughter (Subrina) attacked me one morning. One of

My stepdaughter (Subrina) attacked me one morning. One of her attacks involved an abusive verbal assault on my character. Subrina's grandmother became alarmed at our exchanges and tried to protect Subrina by wrapping her arms around Subrina. As a result, the grand mother accidently dug her fingernails into the upper chest area of Subrina's body creating three visible scratches. When Subrina observed the scratches, she immediately called the police to blame the scratches on me because she knew her grandmother spoke no English and couldn't tell the police what really happened. While the police were on their way to our home, Subrina sneaked up on me, then hit me on the side of my face, and then stole my TV remote. When I approached Subrina to retrieve the stolen TV remote and prevent its destruction, she produced a video of my approach with her phone camera to convince the police that I had attacked her. As a result, the police arrested me when they saw the video and the scratches on Subrina's upper body (all Subrina had to do was tell the police she didn't know where the scratches came from). The police lied when they said the video showed me lunging toward Subrina and in a tussle with Subrina. They did this to justify my arrest and the false charge of Battery Domestic Violence. However, all three witnesses present at the scene (Subrina, her grandmother, and me) told the police that I never hit Subrina. Also because I have osteoporosis, I had trimmed my fingernails down to well below the skin line the day before this incident occurred (my wife can testify to this).At the present time (nine months after the incident) my lawyer says he has cleared up the lies and misunderstandings of this case to the prosecutor. Subrina's grandmother has agreed to testify that she caused the scratches and that I never touched Subrina. Nevertheless, the prosecutor and my lawyer are still trying to force me to plead guilty to the crime of Battery Domestic Violence. They tell me if I plead guilty, pay a $300 fine, and attend an anger management class, they will dismiss the charges (whatever that means). They tell me this is a good deal because if I plead not guilty, I could spend up to six months in jail even though I have never previously been accused of anything like this batter charge. However, they refuse to explain the ramifications of this plea deal such as losing my right to file an appeal and my right to sue to recover damages etc. After I have insisted that my lawyer give me a straight answer, he sort of admits that my guilty plea actually has the purpose of protecting the police and prosecutor from their false arrest and false charges and their negligent, incompetent, and dishonest investigation. Nevertheless, my lawyer continues to use the excuse that it would be cheaper and less work for everyone if I would just plead guilty and accept the deal. At this point, it appears that the prosecutor will continue to refuse to allow my case to proceed (to either a trial or a dismissal) until I accept their deal and plead guilty. However, I know that the prosecutor does not have any witnesses (Subrina is in China and cannot be at the trial) and he admitted to my lawyer that the evidence shown in the video is very weak and incomplete, to say the least.Because I do not want this violent crime on my record, I have some questions about my case: (1) If I plead guilty to a crime I didn't commit (if I accept their deal), would I break any laws? (2) How long can the prosecutor (with the help of my lawyer) keep my case locked up (it has already been 9 months since the incident)? (3) My lawyer won't tell me if he waved my rights to a speedy trial; how can I find out if he waved this right? (4) Because my lawyer would have waved my speedy trial rights without my knowledge or consent, do I still have these rights? (5) Because the police and prosecutor refuse to prosecute the proven Battery Domestic Violence that Subrina committed against me, can I do anything about this obvious discrimination and scandal? (6) Because the police verbally assaulted me as I sat in the police car waiting for arrest, does this and other atrocities negate their clams of probable cause which they used to arrest and charge me? (7) Because my attorney refuses to explain anything to me in an understandable way or provide copies of the correspondence in my folder, can I do anything to force them to provide me with copies of these documents? (8) Can I do anything about this obvious scandal (other than plead guilty to a crime I did not commit), i.e. should I try to get permission to defend myself to save the $3,500.00 it would cost to have my dishonest lawyer handle my trial? (9) If the police had conducted an honest and somewhat reasonable investigation (checking my fingernails and the video), would the additional information they would have obtained have canceled out the probable cause for the scandalous arrest and charge they made against me if I file a lawsuit?

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Law Educator, Esq.

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