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  #1  
Old 07-17-2007, 09:21 AM
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Join Date: Jul 2007
Posts: 3

Are Judges Bound Once They Accept Plea And Impose Sentence?


Nevada
My Son Accepted A Plea After Being Coerced With My Freedom Being Threatened Etc. Etc.
In The Plea Agreement The Judge Was Restricted To A 12-30 Mo. Sentence Or My Son Could With Draw His Plea.
The Judge Accepted His Plea, Imposed Sentence, And Then Stated He Smiled After Sentencing Was Imposed And She Was Trailing The Matter.
She Recalled The Case, Withdrew The Sentence, And Set His Case For Trial.
His Attorney Stated "i Hope Your Happy When Your Son Gets 40-years." There Are Witness To This.
This Is Just The Most Recent Of Many Violations To His Civil And Constitutional Rights.
The Survelliance Tape In His Case Has Been Confirmed Edited.
His Previous Attorney Put Him On Calendar To Enter A Plea He Hadn't Even Agreed To. Etc. Etc. Etc.
We Are Planning To File A Writ Of Mandamus, Is This The Right Procedure?
I Am Terrified For My Son. He Was 17 When This Started. He Is Now 20. He Was Out On Bail For Over A Year, He Made 28 Dollars An Hour, Has A Baby Turning One Today, And Was Put Back In Jail On A False Dui. He Passed A Breathalizer At The Scene Of The Accident In Which He Was The 4th Car In A 4 Car Accident. The First One Stopping Abruptly And Consequently The Other 3 All Hit Each Other Also. The First Officer On The Scene Gave Him A Ticket And He Was Leaving But Remembered He Needed To Get Some Info On The Drivers Car In Front Of Him. While Asking The Officer The Info. Another Officer Arrived On The Scene And Stated He Though He Was Drunk. He Passed The Breathalizer And Went Through The Routine Tests Twice. On The Last Test The Officer Stated He Didn't Follow His Finger Correctly. As A Result He Was Arrested But O.r. His Current Judge Then Put Him On Calendar And Remanded Him Back To Jail For A Violation Of Intense Supervision. I Paid The Original Ticket Of Failure To Decrease Speed, But 1-month Later They Filed A Dui And Plead Him Down To The Same Charge I Had Already Paid And Gave Him I Believe A 3-mo. Sentence To Run Concurrent With The Time He Is In Now. Thus, She Still Could Say He Violated The Intense Supervision, Which He Did Not. He Has No Bail. The Time He Received For His Plea Agreement Has Already Been Served. What Can I Do?What is the name of your state?
  #2  
Old 07-17-2007, 09:25 AM
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Join Date: Sep 2006
Location: Missouri Ozarks
Posts: 2,924
You can be DUI and still have a blood alcohol below the legal limits, so your son was not arrested on a 'false' DUI.

What was the original charge?
  #3  
Old 07-17-2007, 09:33 AM
Junior Member
 
Join Date: Jul 2007
Posts: 3

Tommys Rights


Attempted Murder And Battery With Substantial Bodily Harm.

The Original Charge On The Car Accident Was A Ticket From The Fist Officer Which I Paid. It Was For Failure To Decrease Speed.

He Was Arrested For A Dui By The Second Officer And Then Charged After The Original Ticket Was Paid. They Then Reduced That Charge To The Same As The Orgiginal Ticket.
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