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Domestic abuse victim was railroaded

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mpsy9709

Junior Member
What is the name of your state (only U.S. law)? TN
My good friend was recently charged with a crime in which she was forced into because her boyfriend was abusing her. She was intereviewed twice over the phone, and both times she was not read her rights. They didn't let her give a formal statement, they didn't try to find her boyfriend, her house was never searched, the police didn't take the evidence she had possession of, even when she told them about the abuse and tried to show them the photos of it. She pleaded with them to find her ex-boyfriend, but they didn't seem to take her seriously. She got an attorney that "plea bargairned" for four years probation and it was her first offense, so her attorney obviously did not represent her very well. :mad:
Now her records show her as pleading guilty instead of the "best interest plea" (what is the official name for this?) because she felt she didn't have any other choice. We have been unable to come up with the money needed for her a better attorney to appeal this decision. Will a public defender take this case? Should she try to talk to the DA in the county where she lives or go back to the county where the crime was committed?
Thanks for your help.

M. FurenWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? TN
My good friend was recently charged with a crime in which she was forced into because her boyfriend was abusing her. She was intereviewed twice over the phone, and both times she was not read her rights. They didn't let her give a formal statement, they didn't try to find her boyfriend, her house was never searched, the police didn't take the evidence she had possession of, even when she told them about the abuse and tried to show them the photos of it. She pleaded with them to find her ex-boyfriend, but they didn't seem to take her seriously. She got an attorney that "plea bargairned" for four years probation and it was her first offense, so her attorney obviously did not represent her very well. :mad:
Now her records show her as pleading guilty instead of the "best interest plea" (what is the official name for this?) because she felt she didn't have any other choice. We have been unable to come up with the money needed for her a better attorney to appeal this decision. Will a public defender take this case? Should she try to talk to the DA in the county where she lives or go back to the county where the crime was committed?
Thanks for your help.

M. FurenWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Maybe she had a good attorney and you just don't know the whole story?
As for the plea...she plead GUILTY. That's what a plea-bargain is. Prosecution does ABC in exchange for defendant pleading guilty to XYZ.
 

CdwJava

Senior Member
My good friend was recently charged with a crime in which she was forced into because her boyfriend was abusing her.
What was she "forced" to do to him?

She was intereviewed twice over the phone, and both times she was not read her rights.
Miranda is required when one is both in custody and being interviewed. The fact she was interviewed over the phone clearly indicates that the custody prong of the Miranda test was not met. So, her rights were not required to be read to her.

They didn't let her give a formal statement, they didn't try to find her boyfriend, her house was never searched, the police didn't take the evidence she had possession of, even when she told them about the abuse and tried to show them the photos of it.
By your own writing, she gave a statement over the phone. What do you think is a "formal statement"?

What evidence could she have that would show she did not commit the crime? The police are not in the habit of collecting things for the sake of collecting things. If she believes it shows her innocence some how, she can speak to her attorney and present it as evidence on her behalf at trial. And, the fact she had been abused in the past does not prove her innocence for this event. But, she can still present those photos at trial to show a pattern of violence.

She pleaded with them to find her ex-boyfriend, but they didn't seem to take her seriously.
Is this the one she alleges attacked her? Apparently they spoke to him if he alleged he was the victim of her attack.

She got an attorney that "plea bargairned" for four years probation and it was her first offense, so her attorney obviously did not represent her very well.
If the case is a loser, even Perry Mason couldn't get her off. A plea bargain does not mean she was poorly represented. She could have declined and gone to trial.

Will a public defender take this case?
An appeal requires some cause. Not liking the plea deal is not good cause. I can't imagine the public defender's office will handle an appeal for a case they were not involved in.

Should she try to talk to the DA in the county where she lives or go back to the county where the crime was committed?
The DA is not going to help with her appeal.

- Carl
 

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