Can I appeal Judges decision?

[MK4785]

What is the name of your state? NY
I was arrested on November 9, 2006 for 1st degee offering a false instrument and fradulent practices for filing a workers compensation claim for an injury I sustained while working at a local pet store where I live. My charges stemmed from a statement made by a women I worked with at that store. The women made the statement because her 18 year old was arrested for sexually abusing my then 8 yr old son. The case went on until yesterday when the ada agreed to an acd leaving me toplead to lesser non felony charges, which my lawyer apparently agreed to. The ada admitted that not only did they not have sufficient evidence to support the other womens statement but they also weren't sure they believed it themselves. My question is can I appeal that decision? During the time of my arrainment til disposition of the case my lawyer didn't return my calls, didn't question any of the people I told him could prove the accusations made against were false. I told him from the beginning that I am not guilty, I did nothing wrong and I am not willing to plead to anything and will not accept anything less than a dismissal of the charges or I wanted to go to trial. I don't feel it's fair at all that I pleaded to anything when I was innocent. Even though the lesser charges were misdemeanor's they are still on my criminal record.

Mary

 

[BelizeBreeze]

What is the name of your state? NY
I was arrested on November 9, 2006 for 1st degee offering a false instrument and fradulent practices for filing a workers compensation claim for an injury I sustained while working at a local pet store where I live. My charges stemmed from a statement made by a women I worked with at that store. The women made the statement because her 18 year old was arrested for sexually abusing my then 8 yr old son. The case went on until yesterday when the ada agreed to an acd leaving me toplead to lesser non felony charges, which my lawyer apparently agreed to. The ada admitted that not only did they not have sufficient evidence to support the other womens statement but they also weren't sure they believed it themselves. My question is can I appeal that decision? During the time of my arrainment til disposition of the case my lawyer didn't return my calls, didn't question any of the people I told him could prove the accusations made against were false. I told him from the beginning that I am not guilty, I did nothing wrong and I am not willing to plead to anything and will not accept anything less than a dismissal of the charges or I wanted to go to trial. I don't feel it's fair at all that I pleaded to anything when I was innocent. Even though the lesser charges were misdemeanor's they are still on my criminal record.

Mary

Unless you can prove a mistake of law or other violation by your attorney you pled to the charges and they are now yours.

On what grounds would you even think of appealing in any case?

 

[MK4785]

I do not feel I received adequate legal representation. When my lawyer met with me before court yesterday morning he didn't tell me that the ada was offering a plea. I didn't find that part out until we were both standing in front of the judge. I could never get a hold of my lawyer during the time he represented me, his mailbox was full almost every time I called and when I did get to leave a message he never returned my phone calls. The ada even tried to reach him to obtain a release signed to speack to one of the people I had as a witness and she couldn't reach him either. I gave him a list of people to talk to. It wasn't until 3 months later that he finally contacted one of them. I'm not just saying I'm innocent I actually am and If I would've had a competent attorney, when the ada said we don't have sufficient evidence to support the charges, he would or should in my opinion made a motion to dismiss the charges not agree to a plea.

 

[BL]

I do not feel I received adequate legal representation. When my lawyer met with me before court yesterday morning he didn't tell me that the ada was offering a plea.I didn't find that part out until we were both standing in front of the judge. I could never get a hold of my lawyer during the time he represented me, his mailbox was full almost every time I called and when I did get to leave a message he never returned my phone calls. The ada even tried to reach him to obtain a release signed to speack to one of the people I had as a witness and she couldn't reach him either. I gave him a list of people to talk to. It wasn't until 3 months later that he finally contacted one of them. I'm not just saying I'm innocent I actually am and If I would've had a competent attorney, when the ada said we don't have sufficient evidence to support the charges, he would or should in my opinion made a motion to dismiss the charges not agree to a plea.

So , who said I'm guilty , you or the Lawyer .

You had a chance to tell the Judge " I plea not guilty , I never agreed to a plea " .

If you think you didn't get adequate representation , consult an appealate Attorney , and file a complaint with the Bar Association regarding the Lawyer .

 

[MK4785]

The judge didn't ask me nor did my laywer ask me whether I agreed to the plea offer, it was pretty much agreed upon between them. I would have spoke myself but everytime I told my lawyer I wanted to say something he hushed me.

 

[MK4785]

So , who said I'm guilty , you or the Lawyer .

You had a chance to tell the Judge " I plea not guilty , I never agreed to a plea " .

If you think you didn't get adequate representation , consult an appealate Attorney , and file a complaint with the Bar Association regarding the Lawyer .

When my lawyer and I met before going up in front of the judge I was of the understanding that it was going to be dismissed. The ada, up until this point, had been contemplating whether or not to present the case to the grand jury, until she spoke to one of my witnesses, which was a paralegal from legal aid. After speaking to that witness she agreed to offer a reduction of the charges. But no one asked me whether that was what I wanted to do, I suppose it was assumed that it was what I wanted.

 

[moburkes]

When my lawyer and I met before going up in front of the judge I was of the understanding that it was going to be dismissed. The ada, up until this point, had been contemplating whether or not to present the case to the grand jury, until she spoke to one of my witnesses, which was a paralegal from legal aid. After speaking to that witness she agreed to offer a reduction of the charges. But no one asked me whether that was what I wanted to do, I suppose it was assumed that it was what I wanted.

So, when did you realize that you plead guilty?

 

[MK4785]

So, when did you realize that you plead guilty?

After we were up in front of the judge, but by the time I realized that agreeing to that plea was still admitting to doing something when I did nothing wrong it was over. I know that in 6 months, as long as I don't get in trouble, it'll be dismissed, I just don't believe I should've had to plead it out when it should have clearly been dismissed.

 

[moburkes]

After we were up in front of the judge, but by the time I realized that agreeing to that plea was still admitting to doing something when I did nothing wrong it was over. I know that in 6 months, as long as I don't get in trouble, it'll be dismissed, I just don't believe I should've had to plead it out when it should have clearly been dismissed.

What was so "clear" to you, may have looked totally different to the judge. But the problem is that YOU pled guilty.

 

[MK4785]

So there is no way to change it, even though my lawyer represented my poorly? Another lawyer would have probably motioned for a dismissal when the ada said they didn't have sufficient evidence to support the charges. I was supposed to be having a preliminary hearing and that never happened. But I guess if theres nothing that can be done i'll have to accept it, even though it's wrong.

 

[AlanShore]

What was the deal? What was your punishment? What you plead to?

 

[MK4785]

What was the deal? What was your punishment? What you plead to?

The ada reduced the charges to misdemeanors and the sentence was acd'd for 6months. What the reduced charges were ... I couldn't tell you because nobody told me.

 

[moburkes]

You get what you pay for.

 

[MK4785]

You get what you pay for.

Thats my whole point ... I wasn't adequately defended. Had I been there might have been a dismissal, so why can't I change it? He didn't do his job.

 

[moburkes]

Thats my whole point ... I wasn't adequately defended. Had I been there might have been a dismissal, so why can't I change it? He didn't do his job.

That was a decision for YOU to make prior to standing in front of a judge, not after. When your phone calls weren't being returned, you could have changed attorneys.

What person wouldn't say that their attorney wasn't adequate when they were found guilty? Seriously? However, that is not a reason for an appeal. That is a reason to make better decisions next time.