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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117370
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son's girlfriend filed domestic abuse charges against m.

Customer Question

My son's girlfriend filed domestic abuse charges against him. She has a habit of doing this sort of thing (I have 24 court records from public information re: her behavior and I also have tape recordings of her threatening my s son). He got a public defender and agreed to plead guilty to the charge of stalking and nothing else because he wanted out of jail and the record says "conviction"). He will be arraigned tomorrow morning and he and I have agreed that he needs to recind that plea because the public defender and the judge have never heard his side of the story. The public defender won't help us because he said my son failed to appear for sentencing and then missed another court appearance. He is in jail and they want $130 for a drug patch and for him to be tested 3 times a week but he doesn't have a regular job right now and I won't pay for the patch for him. A PSI has been done and my son gave written permission to me yesterday to speak with his public defender and the PSI lady to explain what actually happened because the public defender wouldn't let him share his side of the story in court and the judge hasn't even heard his side. We wanted everyone to hear his side of the story and hear the taped phone conversations of his girlfriend threatening him, etc. ........His time in jail would be up on August 18th but he says he does have job prospects and would like to get released - he just can't afford the $130 and $30/week because his work is so sporatic. My home is his legal address. EVEN IF THEY DON'T AGREE TO LET HIM OUT TOMORROW, he could probably get a friend to loan him the money BUT WE WOULD LIKE THAT CONVICTION FOR STALKING OFF HIS RECORD. The Public Defender absolutely won't help. CAN YOU TELL ME IF WE CAN FILE SOME PAPERS TO RECIND MY SON'S GUILTY PLEA? That's the most important thing.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year 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.
Once your son failed to appear and failed to comply with court orders, you and he are not in a great negotiation position, since his own conduct is the cause of his current situation and he needs to take responsibility for that and be held accountable.
You cannot file papers to rescind the guilty plea. Your son can file a motion to vacate plea and would have to prove the plea was coerced through fraud or from non-disclosure of information. If the plea was entered with full knowledge of everything you said above and your son still plead guilty, the court will not vacate the plea.
You need to consider trying to help him by getting a local private criminal defense attorney to assist him, but this is not something simple I am afraid because of his conduct.
Had he shown up and done as the court ordered, he would have had a better chance to show the charges were false based on her history of making such complaints and this argument still exists, BUT it is made less effective because his own conduct has landed him in jail. So, if the PD does not want to file to try to vacate the plea, you will need to get him that private attorney to step in to file the motion to vacate and attach the proof that these charges were fabricated.