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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27770
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was charged with felony class c controlled substance among

Customer Question

I was charged with felony class c controlled substance among with possession of paraphernalia methamphtamine and possession of paraphernalia marijuana and fatishis plates. My plea deal was to plead guilty to felony possession of controlled substance and other charges would be dropped 18 months probation no deferment was allowed because of prior case of two friends One stabbed multiple times I was at the scene of the crime I pled guilty he took the plea deal and the other friend of mine who was with me at the time and got arrested and charged the same his case was dismissed he was on the run violated his 24 seven drug patch and it had two warrants I did everything that was asked of me and stay clean I feel that it in the end it was unfair and I didn't have the right amount of leagal help. He's free doing what he wants while I am paying the price and serving felony probation in a state 5 states away from my wife and kids any way I could take my pea deal back
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 2 months ago.

Unfortunately, even under the best of circumstances it is very difficult to get a plea back once a defendant has made it and been sentenced. That's because a judge won't sign off on a plea unless he's sure that a defendant is taking it voluntarily and of his own free will, knowing that he's waiving his rights to challenge the evidence against him at hearings and trial. The defendant would also have stated on the record that he pled guilty because he actually was guilty.

To that effect there is always some kind of a plea allocution -- statements put on the record or signed off on by the defendant -- the purpose of which is to make the plea airtight. Your own words at plea and sentencing were likely taken down by a court reporter and can be used against you at any hearing to deny a motion to withdraw your plea.

Co-defendants do not have to be given the same plea offers. A lot depends upon the facts and circumstances of the case and the criminal records of the co-defendants, among other factors. Typically, the evidence points more clearly to one co-defendant than to others. However, If you're interested in overturning your plea and prepared to go to trial and risk the time you didn't want to take a chance with in the first place, you would need to talk to a post-conviction lawyer to scope out grounds for a motion to vacate your plea.

If you were advised improperly or incompletely by your lawyer, that would be a lawful basis to try to get your case reopened and your plea vacated. At the very least, you should get a hearing on that where your public defender would take the stand to face cross-examination as to what he did and failed to do for you. Then the judge could make a determination as to whether you were indeed wronged. If you were, you'd get your plea back.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.