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I believe my court appointed attorney lied to me in order to…

Customer Question
I believe my court...

I believe my court appointed attorney lied to me in order to pressure me into a plea bargain lied to me in order to pressure me into a plea bargain. I later found out that I had been way over charged by the prosecutor in order to pressure me into a plea bargain do I have recourse

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

I was charged with reckless injury first degree. The victim had attacked me and ended up with some minor cuts resulting in stitches I found out that these injuries in no way constituted great bodily harm as my attorney insisted

Lawyer's Assistant: In what state did this occur?

Wisconsin

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a teacher and may not be able to teach again. Also I am a man who had called 911 a dozen times and the police came and nothing was done

Submitted: 4 months ago.Category: Criminal Law
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Answered in 7 minutes by:
1/15/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,431
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Did you accept the plea? Have you been sentenced already? If so, of what were you convicted? How long ago? Finally, what is your question?

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Customer reply replied 4 months ago
Thank you I wanted togo to but my courtalponted attorney stated i could get eight years i had evidence from 911 calls and police reports that she had attacked me and also had her sons beat me up
Customer reply replied 4 months ago
I took a plea bargain for substantial battery i felony if my attorny had not misled. Me i would not have taken this plea plea talen feb 20 2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago

Thank you. Please give me some time to compose and type an answer for you.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago

All prosecutors overcharge their cases. That is, they look at the evidence and decide what charges the facts would support if they can prove their case beyond a reasonable doubt. They will then charge all of those offenses.

In that way, a prosecutor can potentially have several different ways to try to gain a conviction if the case is to go to trial. That is, if you were found not guilty of a reckless injury in the first degree, the jury could still find you guilty of a reckless injury in the second degree. If acquitted for that, you could still be found guilty of another lesser crime. This is how prosecutors are trained, and it's not at all unique to your Wisconsin prosecutor.

From there, it is the professional obligation of every US defense attorney -- public or private -- to present to his client every offer that the prosecutor puts on the table as a plea bargain and to explain the up and down sides of taking that plea, so that his client can make an informed decision about how to proceed with the case. He is also required to present his client with the strengths and weaknesses of his case as a trial case and what his maximum risk of exposure would be if he took the case to trial and lost.

Plea bargaining is coercive by nature because the best deals in a felony case are typically pre-indictment. Once a grand jury has spoken prosecutors don't like to reduce the charges to dispose of the case.

That means that everyone appears to be rushing you into a decision. But that decision is always the client's. Had you wanted to go to trial, your lawyer would be professionally obligated to try the case and do the best he would be able to do for you.

Typically, a prosecutor reduces the charges to offer you a deal. You were charged initially with a top count of a Reckless Injury in the First Degree. From what I see, that's a class D felony with a maximum of 25 years. So your maximum risk if you went to trial would be well in excess of 8 years.

Additionally, it is likely that your attorney would not have been able to see the medical reports early in the case. Waiting for them would have caused the deal to have been taken off the table.

Again, while it sounds like I am defending both the prosecutor and your lawyer. I am not. I'm just telling you how the criminal justice system works. It is very coercive by nature.

You got to take a plea to an I felony because it was reduced for the purposes of a disposition. Had you gone to trial, you would have gone to trial on the Reckless Injury as well as all of the other lesser included offenses you'd have been indicted for. Given all of the conviction possibilities, the chances of making out worse after trial than you did by accepting the plea are not to be shrugged off, even though you have presented me with some facts that would be favorable to your defense.

If you want your plea back, you can consult with a post-conviction attorney to try to get the matter before the judge on the basis that your lawyer misinformed you and get a hearing on the matter to see if your rights were violated. Assuming, however, that you are successful with the hearing, you'd be going to trial not on the class I but on all of the original charges. Is that really what you want to do? If you're confident that you can come out better than you are now, get a local post-conviction attorney involved and go for it.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 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.

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