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Felony conviction

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A

angiella

Guest
My brother was in Virginia and was arrested for possession of .10 gram of cocaine. He was never in any type of problem before and was advised to plead guilty to the charge of possession with intent to sell. He is a Jamaican national and served time. Upon being released from prison he was deported. There are several problems that we have with this conviction.

First we believe that the driver of the vehicle he was in was familiar with the area they were traveling through and had prior convictions. They only charged him with driving with a revoked license. My brother at the time lived in New York and was only assisting the driver in driving because they were friends. We believe that this guy placed the blame on my brother.

Second the court appointed lawyer from this back woods town did not provide an adequate defense and advised him to plead guilty. Had we known that his ultimate destination was to be transported to Jamaica upon serving his time we would have fought the charges.

This same court appointed attorney then began to charge us for his services. His daughter who was also an attorney was doing very well in representing him, but the father threw her off the case and took over.

He never admitted to possessing the cocaine, but ultimately was coerced into pleading guilty. His court transcript shows that even during testimony he stated that he did not know how the cocaine wound up on his person. He said that he had changed clothes prior to the arrest.

We believe the following:
1. He had inadequae representation.
2. He was turned on by this friend who was protecting himself.
3. He did not know the area since this was his first time ever in the city he was arrested in. Whereas the other guy was a regular.

If we can get the full court transcript and information on the arresting officer and this friend perhaps we can show a criminal pinning the crime on my brother. Perhaps an arresting officer to anxious for a bust. A defending attorney who never gave us a fighting chance. Perhaps some shoddy back dealing between the defending attorney and the prosecution.

We would like to know what our chances are of overturning this wrongful conviction so that he can return to New York and resume his life. At the time of his arrest he was attending college and had a good paying job at a property management company. His wife and child are still in New York and because of the reason that he was sent back home he is not able to get on his feet with an appropriate job.
 



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