If I could do it all over...

[timeoutx2]

What is the name of your state?What is the name of your state? Michigan

When 16 years old I and a distant neighbor kid (I'll call him x) when into an old abandoned junk travel trailer (no door, no windows... junk) located in a field we were crossing near where we lived. We stepped in, looked around for a minute and left. Police came months later when I was 17y.o., asked if I was with x when he went in a trailer. I said "yes" and was immediately arrested for B & E (15yr. felony @ the time). A local attorney was retained by my parents. His immediate advice was to plead guilty and get probation. I declined as I did not want to admit to something I felt I did not do. I told the attorney that he should talk to x and that x would explain that we only stepped through the doorway, looked around and left. The attorney said he could not or would not call x in (unless we went to trial) and I could not talk to x about anything. He also explained that if we decided to go to trial, it would cost me (my parents) a couple thousand dollars to do so with no guarantee of the outcome. The attorney then again recommended I plead guilty, that I would be 1 yr. probation (how did he know this?) and my record would automatically be clean (expunged?) when I turned 21. Again I declined because I wasn't going to admit to something I didn't do ("breaking" being the key word). The attorney then said I could "stand mute" which was not an admission of guilt, the sentence would be the same and I would save my parents a lot of money. Not wanting to burden my parents further and believing there would be no record in a few years, not to mention wanting this nightmare overwith, I accepted his advice and stood "mute". Sentence was 1yr. probation and I was discharged after 6 months.

16 Years later I found that the record is still there like it happened yesterday and has/is causing me problems (career, etc...). After some investigating... a few things I learned:
Speaking to the owner of the trailer, (after all these years he remembered) he never wanted or knew that any charges had been filed so the prosecutor must have gone ahead on his own. He recalled the police telling him that some kids had been in the trailer. He told them he didn't really want anyone in it because he didn't want anyone falling through the floorboards and getting hurt, that it was junk and he had put off hauling it away. It was also learned that the attorney representing me was also representing x for the same thing at the same time (documented). Also, the incident actually happened when I was a juvenile (16 years old) but I was arrested and charged when I was 17 which means it is not a juvenile adjudication.

#1. I have always regretted taking the attorneys' advice, but the rest just... P*sses Me Off!
#2. Attorney was and still is a local court appointed attorney (30+ yrs.) and of course admits no wrong even when presented with documentation of conflict of interest, etc... .
#3. I have learned (via ex-court employees, police, etc...) that years ago (during the time he represented me) attorney had a rather serious drug abuse problem but never reprimanded and that he was known as "the plea bargain king"... paid or appointed.
#4. Court will now not expunge.
#5. Other Attorneys are reluctant to help (too much like legal malpractice?).
#6. Advice?

[seniorjudge]

What is your legal question for us?

[Heather2]

Did you get deferred adjudication?

[cruiser28613]

I see very little usable advice posted by the legal eagles most of it is witty sarcasms and a primitive ability to copy and paste quotes, but no real meat for the questions being asked by folks who are looking for some serious answers to their questions. cruiser

[I AM ALWAYS LIABLE]

Originally Posted by cruiser28613

I see very little usable advice posted by the legal eagles most of it is witty sarcasms and a primitive ability to copy and paste quotes, but no real meat for the questions being asked by folks who are looking for some serious answers to their questions. cruiser

cruiser28613
Junior Member Join Date: Jul 2005
Posts: 6

Multiple charges (misdemeanors and felonies)

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What is the name of your state? NC

Our son has the following charges against him: 1. misdemeanor poss. drug paraphernalia 2. misdemeanor poss. stolen goods/property 3. Felony breaking & entering, felony larceny after B&E, felony poss. of stolen goods 4. felony possession of stolen firearm.

His attorney was working with the DA to get some of the charges reduced or dropped. Then, he was driving a SUV from which 2 shots were fired from a shotgun at a county deputy's home. His friend fired the shots. (This friend is same individual that was with him when the 1st four offenses occured.) He is now charged with 2 felony counts of discharging a firearm into an occupied dwelling.

Now I understand why you're so bitter. Do you sincerely believe there's any help for your son? I think you better get familiar with "visiting hours" for the next 10 to 15 years. You have yourself, and your son, to blame - - you stupid piece of trailer trash!

IAAL