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Pleading Guilty under duress

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Lynnetteb2000

Junior Member
What is the name of your state? CA
almost 3 years ago I pleaded guilty to a commercial burglary charge, even though I was not guilty. My Public Defender told me that since I had a prior conviction for theft (7 years earlier), and it was my word against the security guard's word, so I didn't have a chance at winning my case. My public defender told me that a guilty plea would only put me on house arrest for 30 days, (which I served), with 3 years of informal probation. But if I pleaded not guilty, I would most likely loose and have to serve 2 1/2 years in jail. She even had me sign a paper that stated that I was aware that a plea of not guilty, with a conviction, would mean that I would have to serve 2 1/2 years in jail.
I later found out that it was actually illegal (more for the public defender, than myself) to plead guilty to something that I was not guilty of.
Should I appeal this, request that it be expunged, or what?
This conviction has closed many doors for employment and career choices for me (including the federal govornment job that I lost) because of this.
Please let me know what I can/should do.
Thank you.
Lynnette
 


seniorjudge

Senior Member
I suspect that your time for filing for postconviction relief has long since passed.

You gave the plea under oath and you said that it was voluntary and that you agreed to the facts in the case.

How do you propose to overcome that?
 

Lynnetteb2000

Junior Member
What is a postconviction relief? (Maybe it's not too late for this)?

Overcoming my guilty plea, under oath, and voluntarily:
I was told recently (by a GOOD public defender), that people should be trusting of their attorney, and what they tell you, or recommend you to do. This public defender also told me that what this other public defender did was wrong, and illegal, and that I could fight it.
His position was that I should take it back to court, but he couldn't help out any more than this, because it was a conflict within the (same) county. What he said, gives me hope for what I may be able to do.

It sounds like you may know a few things, please let me know what, if anything I can do.
Thanks for replying.
Lynnette
 

Lynnetteb2000

Junior Member
May I also add that I spoke with a private attorney, prior to requesting a public defender on this case, who told me that I had less than a 50% chance of winning, because of the (7 years) prior petty theft conviction.
 

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