Need help

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

In 1999 I plead guilty to a crime and was given prison time based on the recomendation of the prosecuting attorney. My pre-sentence report suggested probation no incarceration. It was my first and only offense. This is disturbing because before I accepted the plea I was told by my attorney that the prosecuting attorney would not ask for any time and that with my pre-sentence report scoring only 1 point that I would only get probation. Well, the prosecuter did ask for time, actually he asked the judge that I be given as much time as possible. My attorney said and did nothing when this occured and the judge gave me prison time to serve. I know that about 5 years has passed since this occured, but I was and still am mentally disabled and I was not really able to process everything that happened fully until recently. I was in a full breakdown at the time and the only thing I understood was that I was not going home for some reason when i should have. After that things just kept on spiralling down. I would like to take my old attorney to court for what he did and did not do! I am not sure if this is possible though. If anyone can actually help me with this I would be grateful. Thank you!

I am a little hazy here on why, if you accepted the plea bargain, that you think your lawyer did something wrong.

Some judges will tell the defendant that they are not bound by any plea bargain and that you could go to jail.

Before you file a complaint against the lawyer, find out if there was a written transcript made of your plea. You will have to pay for a copy of it, but that is where you need to start.

Nioce try, no cigar.

If you were so mentally unbalanced at the time how do you know anything for sure now? Do you even know why you were sent to prison and not a mental hospital? Seems strange to me that you could be so dysfunctional at sentencing when your pre-sentencing report found you stable, or if you had a breakdown at that point that you were not treated? Or that you would sit there for 5 years with no appeal. PLeazzzzz.

BTW, I do mental evaluations for the courts and your story doesn't ring true.

I was in and out of the hospital for 1998 and I was in the hospital 3 times in 1999 before i was sentenced. I was already being treated for my mental illness before I was arrested. My lawyer knew this. There were plenty of times when he had to call the hospital to try and get in touch with me. At the time of the incident I was already in bad shape mentally. My doctor was trying to find the right mix of medication for me. I was on disability then as well. This was not a case of someone pretending after the crime was comitted to find some way to get out of trouble. I did not plead insanity or any such thing. I also said I scored only one point for my presentence report, not that any mental issues that I was having were not reported. For years, I have been struggling to find some way to cope with what was and still is wrong with me. With the meds I am on now I finally have managed to stay out of hospitals and with a better understanding and some stability try and make a normal life for myself once once again.
My lawyer was asked on many occasions if he thought my plea hearing ( That is where you plead innocent or guilty I believe) Should be put off, and he would always say no. He gave me 30 seconds before that hearing to decide if I should take the new plea that they were offering. I did not know what to do but he said it would be for the best since I would only get probation. My lawyer said that NO time would be asked for and that I would not have to go to prison. My lawyer said that was part of the plea agreement. I repeat, the prosecuting attorney was not supposed to ask the judge for me to recieve any time in prison as part of the agreement. When it happened my family asked him why they had asked for time and why he had done nothing about it! His only response was that they had not asked for any time. Well I have the transcipts that say otherwise as well as people who were there. I would not have been allowed to take the plea by my family. The only reason they did not talk me out of it was because we told I would get no time and only probation. On the other hand they thought that I could lose and go to prison for some time. They thought it was the safe thing to do. If a lawyer tells you that you will get no time by taking a plea agreement and then the agreement the lawyer told you does not happen after you plead guilty then something is wrong.
If someone actually thoguht that with documented proof of what I say is true that I could have a case, then I would take the laywer that lied to me and my family to court.
Also before any decides that I am simply making crap up just to get someone into court should keep that opinion to themselves. They would have no basis for an opinion without at least looking at my mental health records and speaking with me. Other than that there is no way for some ignorant person to decide that I am lying or making this up. I will admit that my first post did leave a lot to the imagination and could and would leave some people with the impression that I simply wanted to rty and fry some poor lawer who had tried to help me. I guess I should have tried to be a little more descriptive or something. More detail you know. I apologize for asking for help without providing more and better detail of my situation. It has been a long road for me to simply get where I am menatally today. I was not fishing for a retrial or anything. I simply wanted to make this lawyer own up to lying to me so I would agree to the plea agreement and his whole attitude about my situation at that time. He lied to get me to agree to a deal that was not going to happen. At that time I was not capable of doing anything about it. My family was told there was nothing that they could do about back then. I was not a vegetable or retarded. I can prove my menatl state at hat time and provide a lawyer with my mental health records to prove what I say is true. If I thoguht that it would do any good now. That is what I asked, not if you thought I was lying or that what I said about the plea agreemnet was true or not. I simply wnated to know with a menatl disabilty and the ability to prove it would provide some exception to any statute of limitations or something if there was one. That is all.
I do appreciate the fact that this so called free advice site is only a place where you get no advice or answers to your questions, but insulted and caleed a liar. Nice, real nice! If this is what help is, it is no wonedr I never asked for any before now. I guess there is no such thing as free after all!