What is the name of your state (only U.S. law)? va
I am asking fo my son, he is 20, I have asked a few questions before for him on this site, I really hope someone can help us here. My son had a court appointed attorney. He basically drew up a plea, not the commonwealth, and presented it to my son. My son said NO he was not taking it. My son gave permission for me to be able to talk to his attorney about his case. His attorney would not talk to him,, he was incarcerated,, kept avoiding his calls, and mine too. Eventually we do make contact, tell him again he is not taking the plea and the attorney says you take it or I withdraw from your case and you can get some dumbass to take over. It scared my son. He still didn't sign it. Meanwhile, I got ahold of Rick Boucher our state rep, who offered up some web sites for help. They explained a standard of practice, so I ask the attorney about motions to supress and the discovery. We are in the hall at the court house and he lies to us about the evidence the commonwealth has. He then promised my son a weekend at home if he would take the plea. My son has been in there for 3 months on a charge that was eventually dismissed. He had been out on bond previosly. Well, you guessed it after lieing about the evidence ,and the promise of a weekend, my son sits in the court room and signed the plea. The judge asked him about 5 times if he was sure, he looks at his attorney and says yes, the judge asked him didn't he want a trial, and he answers no. Now the commonwealth stands up and reads the evidence he had and my son realizes he had been lied to, but thinks its too late to do anything.
After all this is finished the attorney mentions the weekend to the judge who looks at them like they are nuts, and said we just don't do that. The commonwealth stood up and told the judge that he did not oppose it and what a decent kid my boy was that he had never been in any trouble and he got his weekend.
Is there any way to withdraw the plea? He has already been sentenced. Thanks for all your help.
I am asking fo my son, he is 20, I have asked a few questions before for him on this site, I really hope someone can help us here. My son had a court appointed attorney. He basically drew up a plea, not the commonwealth, and presented it to my son. My son said NO he was not taking it. My son gave permission for me to be able to talk to his attorney about his case. His attorney would not talk to him,, he was incarcerated,, kept avoiding his calls, and mine too. Eventually we do make contact, tell him again he is not taking the plea and the attorney says you take it or I withdraw from your case and you can get some dumbass to take over. It scared my son. He still didn't sign it. Meanwhile, I got ahold of Rick Boucher our state rep, who offered up some web sites for help. They explained a standard of practice, so I ask the attorney about motions to supress and the discovery. We are in the hall at the court house and he lies to us about the evidence the commonwealth has. He then promised my son a weekend at home if he would take the plea. My son has been in there for 3 months on a charge that was eventually dismissed. He had been out on bond previosly. Well, you guessed it after lieing about the evidence ,and the promise of a weekend, my son sits in the court room and signed the plea. The judge asked him about 5 times if he was sure, he looks at his attorney and says yes, the judge asked him didn't he want a trial, and he answers no. Now the commonwealth stands up and reads the evidence he had and my son realizes he had been lied to, but thinks its too late to do anything.
After all this is finished the attorney mentions the weekend to the judge who looks at them like they are nuts, and said we just don't do that. The commonwealth stood up and told the judge that he did not oppose it and what a decent kid my boy was that he had never been in any trouble and he got his weekend.
Is there any way to withdraw the plea? He has already been sentenced. Thanks for all your help.