"Holding My Breath"

[mtthwrichards]

What is the name of your state? Calif.- ??SUGGESTIONS APPRECIATED?? How does one "With-Draw" a Plea ? And what are the proper proceedures (includeing if a "Motion to With-Draw was denied )??

I went in front of the Judge with a "Conflict Panel Attorney" to With-Draw my Plea, and the Judge refused the Motion to With-Draw my plea and said I had no Conflict with the Public Defender and the Judge remanded me to Custody to continue on with the Sentencing.
I Never initialed the one box on the change of plea( Arbukle Waiver) and I demanded to the Public Defender that he request that I be sentenced by the orignal Judge who first heard my case. I knew that the original Judge had just been transfered to a different Court house in a different City. Everyone in the Court room look "Dumb-Founeded" and
the Judge did not know what to do at the immediate time and I requested to the "P.D." that he speak up and have the Judge release me . I was released for a few hours, thats when I had to return to the Court after Lunch Break and report to a different Court room.
.....When I reported to the Court room after lunch , I found myself in front of a different judge and he said; I could with-draw my "Plea", however I would be remanded to custody and the Process would start over again. My wife and I ,were presently in the process of moving and Me going back into Custody right then was not good for that time due to we were moving. I was given an option by the P.D. and that was, either go into custody right then "or" continue with a "GuiltyPlea" and return in 60-days for sentencing. I strongly feel that I was "Pressured" and was not given sufficent time to talk it over with Council.
I never returned for Sentencing...
What can I do, to retract my Plea and fight the "False Charges" that the D.A. piled up on me.

 

[CdwJava]

You never returned for sentencing?

So, that means you have a warrant for your arrest, correct?

As a fugitive you will find that you will be subject to arrest wherever you go and that the arrest warrant never goes away - like a diamond, it is forever.

The presence of that warrant in your life will make many good jobs unavailable to you, and will prevent access to many government aid programs and government loans ... housing, student, and business loans may be denied as well as SSI and many types of public assistance.

You need to hire an attorney to help you work out a surrender. It will be an uphill battle for you to withdraw the prior guilty plea, but if you somehow can, expect to be held behind bars or in lieu of high bail until trial.

- Carl

 

[msiron]

You never returned for sentencing?

So, that means you have a warrant for your arrest, correct?

As a fugitive you will find that you will be subject to arrest wherever you go and that the arrest warrant never goes away - like a diamond, it is forever.

The presence of that warrant in your life will make many good jobs unavailable to you, and will prevent access to many government aid programs and government loans ... housing, student, and business loans may be denied as well as SSI and many types of public assistance.

You need to hire an attorney to help you work out a surrender. It will be an uphill battle for you to withdraw the prior guilty plea, but if you somehow can, expect to be held behind bars or in lieu of high bail until trial.

- Carl

Carl, you always give such sound and through advice. Listen to Carl, he is wise.

 

[cvdesign]

Carl, you always give such sound and through advice. Listen to Carl, he is wise.

Apparently this kid isn't asking for HELP with a real situation -- this is his homework and he's getting ya'll's tutoring for free.

Sure wish I had a deal like that while I was in college!!

 

[>Charlotte<]

cvdesign, because the other post is obviously a homework question, I thought the same thing. But it's possible that he's a law student simultaneously looking for homework help and help with a personal problem. This one just seems too specific for homework, to me.

Of course, it's also possible that because he got the "no homework" response he tried to construct this one in a more personal manner.

 

[CdwJava]

He has this one posted on another legal website as well.

- Carl

 

[garrula lingua]

We've dug yourself a deeper hole.

You may now have a new, separate charge, as well as a warrant.

Playing around with the demand that you be sentenced by the original Judge was just asking to be remanded.
I'm surprised they didn't take you into custody to hold for a slow transfer to the other court.

How you got a panel attorney, when you started out with the PD beats me - did you have a Marsden hearing ? ... you're playing too many games.

Was this a felony charge ?

The plea may stand (as long as you had an attorney), but was there a proposed sentence read into the record or signed ?

Even if they let you withdraw the plea, you now have another charge which is simple to prove up: your failure to appear.
If the original charge was a felony, the new one is a felony (16 months, 2 years, or 3 years) ... that is the easiest charge for a Prosecutor to prove at trial.

Expect the Judge to hammer you. They hate it when the Defendant doesn't show up - it's usually in cases where the Prosecutor asked for higher bail or remand.

You may get a trial on the original charge, if they allow you to withdraw your plea.
However, you are (easily proved) guilty of 'comtempt of Judge' - a terrible crime to be before the Judge for sentencing (ironic).

 

[garrula lingua]

Hey, it's Apple Valley ... I was in those courts in Victorville, years ago.

There are some nasty Judges in San Bernardino County and the fiercest Prosecutors in So. Ca ... not a touchy feely place ... OP, Central's even worse. WTH were you thinking ??

...none of the courts in that area are tolerant of gameplaying - Riverside and L.A. courts are equally not tolerant of time-wasters and FTAs ...

It must be a misdemeanor charge ... contact your panel attorney (if s/he was ever appointed to your case) and ask about turning yourself in at the courthouse.

 

[mtthwrichards]

&quot;Waiting to Exhale&quot;

Apparently this kid isn't asking for HELP with a real situation -- this is his homework and he's getting ya'll's tutoring for free.

Sure wish I had a deal like that while I was in college!!

In reply to your notation about my class work , that is a totally irrelevant issue and besides, I was inquiring about writing in I.R.A.C format. My legal issue is a serious matter and I am looking for "Serious" advice. "Please" don't toil with your "Know it all attitude".
"Because" if you did, you would not be lolly-gagging around and seriously help a few people out.

 

[mtthwrichards]

Holding Breath

Apparently this kid isn't asking for HELP with a real situation -- this is his homework and he's getting ya'll's tutoring for free.

Sure wish I had a deal like that while I was in college!!

In reply to your notation about my class work , that is a totally irrelevant issue and besides, I was inquiring about writing in I.R.A.C format. My legal issue is a serious matter and I am looking for "Serious" advice. "Please" don't toil with your "Know it all attitude".
"Because" if you did, you would not be lolly-gagging around and seriously help a few people out.

 

[garrula lingua]

OP, The Issue is you are Ruled by halfa&&ed Arguments which lead you to the wrong Conclusion.

Call the panel attorney and turn yourself in at court.

 

[mtthwrichards]

In-Just-Us

We've dug yourself a deeper hole.

You may now have a new, separate charge, as well as a warrant.

Playing around with the demand that you be sentenced by the original Judge was just asking to be remanded.
I'm surprised they didn't take you into custody to hold for a slow transfer to the other court.

How you got a panel attorney, when you started out with the PD beats me - did you have a Marsden hearing ? ... you're playing too many games.

Was this a felony charge ?

The plea may stand (as long as you had an attorney), but was there a proposed sentence read into the record or signed ?

Even if they let you withdraw the plea, you now have another charge which is simple to prove up: your failure to appear.
If the original charge was a felony, the new one is a felony (16 months, 2 years, or 3 years) ... that is the easiest charge for a Prosecutor to prove at trial.

Expect the Judge to hammer you. They hate it when the Defendant doesn't show up - it's usually in cases where the Prosecutor asked for higher bail or remand.

You may get a trial on the original charge, if they allow you to withdraw your plea.
However, you are (easily proved) guilty of 'comtempt of Judge' - a terrible crime to be before the Judge for sentencing (ironic).

** Thank you for your imput, The D.A.

compiled a variety of charges against me to secure some sort of arrangement with the P.D. who was representing me in my case. Is it possible to correspond with a higher power of authority to have my situation re-evaluated and carefully researched?
"ALSO" Do know any "PRO-BONO" Attorneys that I could contact??

 

[mtthwrichards]

Holding Breath

cvdesign, because the other post is obviously a homework question, I thought the same thing. But it's possible that he's a law student simultaneously looking for homework help and help with a personal problem. This one just seems too specific for homework, to me.

Of course, it's also possible that because he got the "no homework" response he tried to construct this one in a more personal manner.

In reply to your notation about my class work , that is a totally irrelevant issue and besides, I was inquiring about writing in I.R.A.C format. My legal issue is a serious matter and I am looking for "Serious" advice. "Please" don't toil with your "Know it all attitude".
"Because" if you did, you would not be lolly-gagging around and seriously help a few people out.

 

[garrula lingua]

You had your 'pro bono' attorney in the PD.

The next one you'll probably have to pay for, unless you get another PD or panel atty.

 

[mtthwrichards]

Holding Breath

Apparently this kid isn't asking for HELP with a real situation -- this is his homework and he's getting ya'll's tutoring for free.

Sure wish I had a deal like that while I was in college!!

In reply to your notation about my class work , that is a totally irrelevant issue and besides, I was inquiring about writing in I.R.A.C format. My legal issue is a serious matter and I am looking for "Serious" advice. "Please" don't toil with your "Know it all attitude".
"Because" if you did, you would not be lolly-gagging around and seriously help a few people out.