Is it possible to appeal a plea bargain when the judge changes it after you signed it

[someone in Ca]

What is the name of your state? CA

A year and a half ago someone I know had a driving accident. He was driving a friend who had been drinking home. He had one drink an hour and half before driving. The officer taped the friend saying they were parting but my friend came in had one drink and went to sleep because he had had only three hours of sleep the night before and got up at 6 in the morning and worked all day. Came home and left. The friend of my friend who was taped is in now in prison in another state for fraud. Can this tape be use against my friend? Doesn't he have the right to have his layer cross exam this person? My friends hit his head and was on a stretcher on his way to the ambulance and was having trouble breathing (he has asthma) and was going in and out of conscience. when a police officer came to give him a test he told him to f*** off I am trying to survive here. This is on tape. I am not sure he even realized who was trying to stick something down his throat. He doesn't even remember calling his dad after the accident. Is it legal to take a test from some one who is incapacitated. And could hitting your head make you appear drunk when you weren't? A blood test was done at the hospital but some one else blood was mixed up with his.

Well he hired a lawyer that basically was a high price clerk. He finally signed a plea because they dropped the charge to a leaser charge and said if he when to trail he would be found guilty on a felony charge and would have to pay for the trial if he lost. In other words the scare the sh** out of him so he signed. The plea he signed was not what he got. It was a lot worst for something he didn't do. Not only that but he was without his license for one year and now the court has taken it away again for another year for the same crime. I am sorry but this is just not fair. He should only be punished one time for this. Can he appeal the plea bargain and go to trail and try to get it dismissed? Please do not respone to this if you are going to comdem him. He is already depressed enough without any more condemnation from some self rightiouse person without any sins. Please do not response to this if you are going to condemn him. He is already depressed enough without any more condemnation from some self righteous person without any sins.

"Can he appeal the plea bargain and go to trail and try to get it dismissed?"

No, he cannot appeal the plea bargain and go to trail and he cannot go to trial either.

[CdwJava]

Originally Posted by someone in Ca

Is it legal to take a test from some one who is incapacitated.

Yes.

And could hitting your head make you appear drunk when you weren't?

Yes. But it wouldn't affect the chemical test at all.

A blood test was done at the hospital but some one else blood was mixed up with his.

And YOU ( a friend and not a party to this whole affair) know this is true, because ....?

In other words the scare the sh** out of him so he signed.

And when the judge asked him all those questions about free and informed consent, and if anyone had coerced him into signing, etc., he apparently answered that he made the agreement of his own accord. Its hard to come back later and argue that you lied to the judge.

The plea he signed was not what he got. It was a lot worst for something he didn't do.

He admitted to it, so legally, he DID do it.

And as for the sentence, rarely can a plea guarantee with certainty what the sentence will be - in fact, the judges usually say that when they are advising the person of the consequences of their guilty plea. If there was some form of malpractice on the part of the defense attorney, then he may have action against him ... but I doubt there was.

Not only that but he was without his license for one year and now the court has taken it away again for another year for the same crime.

The DMV can also revoke the license regardless of the court's actions. So his license may have already been revoked by the DMV and now the court is imposing another sanction. They can also make it a condition of probation to surrender his license. So there's no malfeasance I can see.

Can he appeal the plea bargain and go to trail and try to get it dismissed?

No.


- Carl

Carl, check this out please:

[url]http://forum.freeadvice.com/showthread.php?p=818257#post818257[/url]

[someone in Ca]

I know it wasn't his blood because he had a copy of his blood test and it said the blood type was "O" my friend's mother knew his blood type was A+. He went to his doctor and got his blood typed. This case should have been throw out as far as I am concerned when they tried to pass someone else blood off as his.

Originally Posted by someone in Ca

I know it wasn't his blood because he had a copy of his blood test and it said the blood type was "O" my friend's mother knew his blood type was A+. He went to his doctor and got his blood typed. This case should have been throw out as far as I am concerned when they tried to pass someone else blood off as his.

When there is a blood test for intoxication in your state, is the blood typed?

If so, then this should've been brought up before the plea.

It is my understanding that all this stuff happened a year and a half ago.

You have waited too long to do anything about it.

[CdwJava]

Originally Posted by someone in Ca

I know it wasn't his blood because he had a copy of his blood test and it said the blood type was "O" my friend's mother knew his blood type was A+. He went to his doctor and got his blood typed. This case should have been throw out as far as I am concerned when they tried to pass someone else blood off as his.

I have never heard of a chemical test being blood-typed in CA. So unless you saw this on the lab results printout, I would be very suspicious of this tale you were told.

And as Seniorjudge said, it has gone past the time to challenge this ... AND he pled guilty. As I said, it is hard to go back and then say that you lied to the judge and really are not guilty.

- Carl

If I put someone on probation after pleading guilty and the defendant tells the probation officer that they are not really guilty, the probation officer is instructed to bring the defendant back to court to explain why he lied to the court.

This cuts down a lot on the "I am not really guilty" stories.

[someone in Ca]

It was a copy of the test his lawyer sent him. So did his lawyer lie to him? By the way the blood test was thrown out. So you see labs do make mistakes even if you have never heard of it or not. This is not a tall tale. You know not everyone lies when they say they aren't guilty and a lot of innocent people take plea bargains to just get it over with and because their lawyers tells them to. This is what he did and I think he got shafted. I don't trust lawyers because all they what is your money and do as little work as possible. And I know for a fact that not all police tell the truth when they go to court either. I had one lie on me when I went to court fight a speeding ticket.

"...So you see labs do make mistakes even if you have never heard of it or not...."

You are absolutely correct.

But how does that help you? Once you plead, there is no way to take it back.

[someone in Ca]

I know. I guess just to warn others.

Originally Posted by seniorjudge

"...So you see labs do make mistakes even if you have never heard of it or not...."

You are absolutely correct.

But how does that help you? Once you plead, there is no way to take it back.

I meant, of course, "your friend."

[someone in Ca]

This is not me. I don't drink, dope or smoke anything. the only thing I do bad is over eat. I don't like the taste of alcohol and the one taste of beer I drank was awful. I have never been in a major wreck like the one my friend had. I have only been in fender benders. The only time I have been arrested was in my teens for shoplifting once. I have never had my license revoked in the 33 years I have been driving. I believe if you have been driving drunk you should be punish but if you haven't they sure let you go free. I also believe it should take more than just a policeman's word too to convict you unless you are falling down drunk. The smell of alcohol can be on your breath from one drank. Just like the two cases that were posted on a thread here. Both of these officers said these men were drunk and they weren't. It was a good thing their test didn't get screwed up. One of them is a none drinker but yet this officer said he smelled alcohol. In fact everything that was in the officer's report turned out to be false. If there was not test or tape these innocent men would have been convicted of a crime they didn't commit.