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Getting a case reopened (long but summarized)

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Etchlain

Guest
About 4 years ago, I was charged with "providing prohibited articles to a correctional facility". They said that I brought some marijuana to my husband who was serving time on a no drivers license charge. However, it wasn't me who took it, but his friend. The arresting officer wrote in his affidavit that I physically went to the jail, when the statement I gave him said otherwise. When I pointed this out to my lawyer, who was the public defender, he just grinned and shrugged his shoulders, then proceeded to tell me that if I didn't take the plea that the prosecuting attorney had offered, that he couldn't gaurantee that I wouldn't get jail time. I've never been in trouble before, and was so scared at the idea of serving time that I took the plea. My ex-husband's friend was also charged with the same crime, and actually recieved less of a sentence than I did. I got an attrocious fine, which being a single mother of 3 children, I haven't been able to pay. They've since suspended my driver's license because of failure of payment. I need to know if there is any way that I can have the case re-opened, seeing how I didn't even commit the offense that they said I did. I also have overseas travel plans, but won't be able to get a passport with a felony on my record. Someone please tell me that I can get out of this mess!!!!:(
 
Last edited:


HomeGuru

Senior Member
Etchlain said:
About 4 years ago, I was charged with "providing prohibited articles to a correctional facility". They said that I brought some marijuana to my husband who was serving time on a no drivers license charge. However, it wasn't me who took it, but his friend. The arresting officer wrote in his affidavadavit that I physically went to the jail, when the statement I gave him said otherwise. When I pointed this out to my lawyer, who was the public defender, he just grinned and shrugged his shoulders, then proceeded to tell me that if I didn't take the plea that the prosecuting attorney had offered, that he couldn't gaurantee that I wouldn't get jail time. I've never been in trouble before, and was so scared at the idea of serving time that I took the plea. My ex-husband's friend was also charged with the same crime, and actually recieved less of a sentence than I did. I got an attrocious fine, which being a single mother of 3 children, I haven't been able to pay. They've since suspended my driver's license because of failure of payment. I need to know if there is any way that I can have the case re-opened, seeing how I didn't even commit the offense that they said I did. I also have overseas travel plans, but won't be able to get a passport with a felony on my record. Someone please tell me that I can get out of this mess!!!!:(
**A: can you read and follow posting instructions?
 

calatty

Senior Member
The short answer is no, you can't get out of this mess. It is too late, and even if it weren't, you have not stated any legal grounds for withdrawing the plea. Even if you could undo the plea, which you can't, all that would get you is the opportunity to go to trial on the charge.
 

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