Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Can a court use prior convictions to railroad an accused to

Customer Question
accept a plea bargain?...
Can a court use prior convictions to railroad an accused to accept a plea bargain? In this case, the court appointed attorney "screwed up" and neglected to reassign a new court date on one of the charges for DWI which resulted in jail time for the prisoner. A state trooper kept following the accused around and looking for excuses to arrest him One time, it was a cracked tail light (he charged him with another DWI). Another time, he claimed the accused was driving drunkenly and found 1/2 a busperion tablet in his pocket. The accused had picked up his dad's dropped pills and when returning them to his dad, he missed a 1/2 tablet that got caught in the seam of his pants. The trooper charged him with possession with intent to sell. The accused has been arrested many times and has had to accept plea bargains when he was innocent. The state trooper should not have had access to the accused's past, and used that information to consider him a habitual criminal. They will not let this accused return to a normal life. The court appointed attorney told the accused he had to accept a plea bargain or the judge would give him life (for 1/2 a pill and two DWIs where his test showed no alcohol or drugs content. He hired a new attorney who charged him $3500, but did nothing after telling him that he could get him off b/c the courts were not supposed to use his past against him. The accused accepted a plea bargain for 5 years. His mother is insisting on a new trial. My question is: what can we do, if anything, to get the accused out of jail.
Submitted: 6 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
6/2/2011
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 6 years ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,692
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified
If you want to get him out of jail, he would need to file an appeal, likely in this situation, based upon ineffective assistance of counsel. If he was mis advised by his attorney and took a deal based on that instead of going to trial, he could try and vacate the plea and go to trial. The issue with the state trooper stopping him, would be defendant on him having a legal basis to do so. If he did not, the evidence found could be suppressed and not used against him.
Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
You didn't answer the question as to whether the trooper or court could use his past record (for which he has already paid) against him.
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 6 years ago
The prosecutor could not likely use his past criminal history at trial against him since just because he committed a crime in the past, does not mean he committed a crime this time. The officer, who stopped him, would need to have a legal basis to do so. Just because he may have stopped him in the past for DWI or possession would not give him a legal right to use that stop him again.
Ask Your Own Criminal Law Question
Customer reply replied 6 years ago
Ok, last question. Can a plea bargain be appealed or a motion for a new trial be accepted?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 6 years ago
The plea deal would first need to be vacated based upon a legal basis, like the one I stated above. Sometimes, when a plea is taken, the court makes the defendant aware that he is waiving his right to appeal but he may have reserved it. Any attorney would be able to look into this and see if there is a legal basis to do so. After the plea is vacated a trial would be accepted. Thank you and good luck. If you have not already, please click the accept button, so I can get credit for my answer.
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,692
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified
CrimDefense and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 6 years ago
Any other questions?
Ask Your Own Criminal Law Question
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28,692
28,692 Satisfied Customers
Experience: 10+ years defending Misdemeanor and Felony cases.

CrimDefense is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can a defendant fire his attorney in the middle of a trial
Can a defendant fire his attorney in the middle of a trial because he is receiving inadequate counsel? The attorney in question is willing to admit to same.… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS
I AM GOING TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS SHOPLIFTING BY CONCEALING MDSE - 38 VARIOUS FLOWER PACKETS VALUE UNDER $250 OFFENSE COE 266/30A/D I HAVE BEEN UNDER DOCTORS, THERAPIST, AN… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,205 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
28,692 satisfied customers
Can a criminal defendant in a VA Circuit Court, withdraw his
Can a criminal defendant in a VA Circuit Court, withdraw his Motion To Suppress Evidence ans refile it when the necessary witness is available? … read more
CrimDefense
CrimDefense
CriminalDefenseAtty
28,692 satisfied customers
In, county, Illinois criminal court regarding someone
In cook, county, Illinois criminal court regarding someone charged with aggravated battery(not the lawyer), is an outside criminal lawyer (meaning, he didn't have anything to actually do with the case… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
28,692 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Criminal (murder) trial in progress in San Diego. My
Criminal (murder) trial in progress in San Diego. My daughter lives in Kansas. The paralegal for the DA sent her an email "subpoena" - must she attend? California Penal Code 1330 seems to rule out the… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x