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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117375
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Yes I'm a disabled veteran that had prior addiction with oxycodon

Customer Question

Yes I'm a disabled veteran that had prior addiction with oxycodone which was prescribed from the va a administration for over twenty years, and also other doctors, etc.I had been in jail for 6months eighteen days I have severe PTSD ,severe depression, back and neck problems service connected. The judge that sentenced was my exwifes former divorce attorney,and never liked me back then and forced to sighn guilty pleas . is this classified as a conflict of interest case when all of this happened last July 17th of 2014 I had quit taking all medication in April of that year and was not in my right state of mind after several years taking this high dose of pain killers that these doctors prescribed to me.first time I had gotten in trouble and had gotten 14years probation and over 17000 dollars in fines. x
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It would have, at the time, been grounds to file a motion to have the judge remove himself from the case for the appearance of bias or impropriety had you raised the issue at the time. However, once you accepted and signed the guilty plea knowing this judge was connected to your prior divorce without raising the objection to the judge handling your case, I am afraid it in most cases it is too late to try to undo the plea agreement you made.
You have a very slim chance here, but you do have a chance, and that is to file a motion to vacate plea and you will need to have medical documentation attesting to your mental health condition and you were not capable at the time you signed that plea to understand the nature of what you were doing. Whether or not you can get the court to vacate the plea will depend on the strength of your medical expert testimony about your mental condition at the time of the plea. This is not something that is done frequently, but it is the only option that is now available to you within the year from when you signed the plea.
You need to get a local attorney to represent you on this after you get a medical expert to agree to testify that you were not mentally competent to agree to the plea.
As far as the judge, as I said, you had grounds at the time to remove him from the case and you would have to argue he should no longer be involved in your motion and that you did not object at the time because of your lack of mental capacity at the time to do so.