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If someone is told that unless he enters a plea of guilty,

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the ADA will go after...
If someone is told that unless he enters a plea of guilty, the ADA will go after his wife as an accomplice. He was accused of fraud. He is completely innocent as his wife. He went ahead and pleaded guilty. At the sentencing hearing the judge said that the ADA didn't have a case and should have known this. He gave this man probation with his record being cleared at that point. The man also had to pay $13,000 for police cost. The ADA originally said it was $4,000, but a day before the hearing changed it. One last thing, this man was on complete disability due to a head injury and serve depression when he was pressured by the ADA and his attorney. What can be done?
Submitted: 8 years ago.Category: Legal
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Answered in 1 minute by:
6/16/2010
Lawyer: Dwayne B., Attorney replied 8 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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How long ago was the plea entered and the judgment signed?
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Customer reply replied 8 years ago
Not yet a year.
Lawyer: Dwayne B., Attorney replied 8 years ago
It is likely too late to file an appeal although he may be able to pursue an Application for Writ of Habeas Corpus. Chances aren't good though, unless proof can be provided that he was not competent to make the decision to plead.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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Customer reply replied 8 years ago
I don't think you really answered my question. First of all, I said he was/is on full disability due to his mental state. Isn't that proof that he was not competent? It was then proven by a third party Dr. that the man had had a mental break. Can he bring civil action against the detective who lied on the stand- yes this can be verified. What else can be done for some justice?
Lawyer: Dwayne B., Attorney replied 8 years ago
Being on full disability does not equal incompetent for purposes of entering a guilty plea. It may, but it is not an automatic disqualification. Likewise, the doctor would have to testify not only that the man had a mental break, but that he had a mental break at the time of accepting the plea such that he was not able to comprehend the consequences of his actions or what he was doing.

He could bring a civil action against the detective, but it wouldn't be successful until he gets the guilty plea reversed.

I think an Application for Writ of Habeas Corpus is probably the only remedy he can pursue right now that has a chance of being successful.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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