• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How do you erase a fake plead of guilty?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Ohiogal

Queen Bee
As in, I made it clear that I was not going to plead guilty, nor did I plead guilty at any hearing:

However, I was brought in under the guise of "going to come to an agreement by pleading guilty" and then when I refused to do so,
they simply wrote that I had pled guilty.

This, despite my statement of being under duress and my refusal to plead guilty.
So did you appeal the plea to a higher level within the prescribed amount of time? 30days?
 

citsam

Junior Member
Your posts are confusing.

If the court entered a guilty plea as the result of a plea agreement you were said to have made with the prosecutor, and you want to withdraw this guilty plea, it is difficult but not impossible to do so. You can file a motion to change or withdraw the plea. Reasons for withdrawing guilty pleas can include coercion or not fully understanding the consequences of the plea.

You will need an attorney to assist you with this motion.

Good luck.
Well the issue that I've had is that this is what people have said, but they appear to be failing to understand that I did not enter a plead of guilty.

There is a court record that says that I pled guilty and the court acted as though I had claimed to be guilty or pled guilty to some crime.

I just want the record removed because I didn't plead guilty.

I can't claim that I pled guilty and then ask for a removal on some other grounds,
because I never pled guilty in the first place.
 

citsam

Junior Member
So did you appeal the plea to a higher level within the prescribed amount of time? 30days?
I'm not appealing the plea. Again, that's the issue that I'm having.

I never made a plea to begin with. There never is nor was a plea.

There is simply a record with the clerk stating that such a plea occurred.

I contacted the clerk about the record, but they didn't want to correct it without approval of a judge of somekind.
The only judge charged with this claimed that he felt a guilty plea must have occurred somewhere for the record to exist and so did not want to ask the clerk to erase or even correct the record.
 

citsam

Junior Member
Your posts are confusing.

If the court entered a guilty plea as the result of a plea agreement you were said to have made with the prosecutor, and you want to withdraw this guilty plea, it is difficult but not impossible to do so. You can file a motion to change or withdraw the plea. Reasons for withdrawing guilty pleas can include coercion or not fully understanding the consequences of the plea.

You will need an attorney to assist you with this motion.

Good luck.
I never agreed to any guilty plea.
The court or the clerk ignored my statements and acted as though I was not under duress and that I was pleading guilty.
A record was then generated to state that I had pled guilty.

I cannot file anything under the conditions that you mentioned, because I was aware of the consequences of a plea:
which is why I refused to plead guilty and why I stated that I was under duress.

I'm calling that a fake plead of guilty for lack of a better term:
I only want the record that claims that I pled guilty itself removed due to it being inaccurate or a false record.

I can't seal it because it never happened to begin with and sealing only hides a real account.
I can't request a repeal, because I never pled guilty to begin with.

There's just a record that states that I pled guilty that I want removed,
because I claimed to be under duress, was never asked if I pled guilty, and never pled guilty to begin with.

I'm at an impass right now,
because the clerk of the record does not want to carry out their duties for The United States without approval of a judge:
and the judge charged with that case only feels as though some guilty plea must have occurred somewhere for it to exist,
and so does not want to also ask the clerk to correct the record.

I don't think that a record claiming that somebody pled guilty should exist when that case's accompanying recordings claim that the defendant was under duress and when they do not contain a claim of guilty by the defendant(s) themselves.
 

Zigner

Senior Member, Non-Attorney
Did this take place in federal court? Or, did it take place in a Michigan state court?
 

Ohiogal

Queen Bee
I'm not appealing the plea. Again, that's the issue that I'm having.

I never made a plea to begin with. There never is nor was a plea.

There is simply a record with the clerk stating that such a plea occurred.

I contacted the clerk about the record, but they didn't want to correct it without approval of a judge of somekind.
The only judge charged with this claimed that he felt a guilty plea must have occurred somewhere for the record to exist and so did not want to ask the clerk to erase or even correct the record.
The only way to do this is to appeal to a higher court. Then you could get the transcript and show the appellate court that a plea was not properly done. But you needed to do it within 30 days of the judgment that said you pled. Good grief. If you did not appeal the fact that a plea of guilty was entered then you lose. You have no other options.
 

justalayman

Senior Member
Legally acknowledged duress is not just being upset. What was the basis of your duress such that there may be legally recognized duress?

What was your attorney doing while all this was happening?

For a guilty plea to be acknowledge and accepted it must be clear and unambiguous that the defendant has understood what they are pleading to. The court records will show this to be the case or not.

The judge would have heard your plea since it is required you stand before a judge and be judged. No other party has the authority to judge you.

What you seek to be missing is that regardless of whether you want to argue you’re not guilty or not, as far as the court is concerned since there is a guilty plea on record, you are in fact guilty of the crime charged. That means, contrary to your statement, you can appeal or move to set aside the pleading. You will be considered and treated as if you are guilty because as far as everybody in the court I’d do concerned; you are guilty.
The court clerk does not have the authrority to alter the record. It does require a judges order to change it. Either get this before s judge or accept you now have a criminal record from this.
 

citsam

Junior Member
Legally acknowledged duress is not just being upset. What was the basis of your duress such that there may be legally recognized duress?
The judge asked if it was correct that I was not under duress and I stated that it was incorrect.
No further inquiry into that was made, as far as I'm aware.

What was your attorney doing while all this was happening?
From my understanding, my initial defense attorney was busy creating newspaper articles asserting my guilt and did not show up.
From my understanding, the initial prosecutor was busy doing something as well and did not show up.
The replacement defense attorney told me to say "no" when the judge asked if he could ask whether or not I was serving the prosecutor.

For a guilty plea to be acknowledge and accepted it must be clear and unambiguous that the defendant has understood what they are pleading to. The court records will show this to be the case or not.

The judge would have heard your plea since it is required you stand before a judge and be judged. No other party has the authority to judge you.
I stood before a judge that was authorized for this, who quit then that career and moved to bankruptcy after my case.
Another judge is currently assigned and contact with the old judge was ordered to be broken.

What you seek to be missing is that regardless of whether you want to argue you’re not guilty or not, as far as the court is concerned since there is a guilty plea on record, you are in fact guilty of the crime charged. That means, contrary to your statement, you can appeal or move to set aside the pleading. You will be considered and treated as if you are guilty because as far as everybody in the court I’d do concerned; you are guilty.
A defendant should be allowed to plead guilty or to have a choice in the matter of pleading guilty.
What justice is there if we simply take a defendant and write a record claiming that they pled guilty without their admitting guilt and while they claim to be under duress?

The court clerk does not have the authrority to alter the record. It does require a judges order to change it. Either get this before s judge or accept you now have a criminal record from this.
What type of order or document does the clerk require in order to perform their duty to correct the record or remove the corrupted record?
 

citsam

Junior Member
The only way to do this is to appeal to a higher court. Then you could get the transcript and show the appellate court that a plea was not properly done. But you needed to do it within 30 days of the judgment that said you pled. Good grief. If you did not appeal the fact that a plea of guilty was entered then you lose. You have no other options.
I would like for the clerk to audit and correct or remove the erroneous record and am not looking for further records that might be used against the prosecutor. I serve the prosecutor, so an audit, veto, or void of the record would be in my best interest.

With an appeal, charges could be brought against us; and I do not like being in court on any side.
 

Zigner

Senior Member, Non-Attorney
What type of order or document does the clerk require in order to perform their duty to correct the record or remove the corrupted record?
The clerk would need an order of the court in order to do anything.

Look - you need WAY more help than this (or any) forum can provide. You can seek out a local attorney for your legal matters, and a medical professional for your other matters. Best of luck to you.
 

citsam

Junior Member
The clerk would need an order of the court in order to do anything.

Look - you need WAY more help than this (or any) forum can provide. You can seek out a local attorney for your legal matters, and a medical professional for your other matters. Best of luck to you.
That's why I asked what order from the court the clerk would need.

Which other matters do you think I need a medical professional for?
 

Ohiogal

Queen Bee
I would like for the clerk to audit and correct or remove the erroneous record and am not looking for further records that might be used against the prosecutor. I serve the prosecutor, so an audit, veto, or void of the record would be in my best interest.

With an appeal, charges could be brought against us; and I do not like being in court on any side.
YOU NEEDED TO APPEAL. Charges could be brought? You have no clue what an appeal is. But continue on in your own little world. Okay?
 
Last edited:

quincy

Senior Member
I never agreed to any guilty plea.
The court or the clerk ignored my statements and acted as though I was not under duress and that I was pleading guilty.
A record was then generated to state that I had pled guilty.

I cannot file anything under the conditions that you mentioned, because I was aware of the consequences of a plea:
which is why I refused to plead guilty and why I stated that I was under duress.

I'm calling that a fake plead of guilty for lack of a better term:
I only want the record that claims that I pled guilty itself removed due to it being inaccurate or a false record.

I can't seal it because it never happened to begin with and sealing only hides a real account.
I can't request a repeal, because I never pled guilty to begin with.

There's just a record that states that I pled guilty that I want removed,
because I claimed to be under duress, was never asked if I pled guilty, and never pled guilty to begin with.

I'm at an impass right now,
because the clerk of the record does not want to carry out their duties for The United States without approval of a judge:
and the judge charged with that case only feels as though some guilty plea must have occurred somewhere for it to exist,
and so does not want to also ask the clerk to correct the record.

I don't think that a record claiming that somebody pled guilty should exist when that case's accompanying recordings claim that the defendant was under duress and when they do not contain a claim of guilty by the defendant(s) themselves.
All I can suggest, citsam, is that you find another attorney in your area to personally review the facts of your case.

I am having a hard time grasping that the judge and prosecutor and your attorney all colluded to enter a plea of guilty if you never pleaded guilty to whatever charge was filed against you.

Again as has been noted, it appears you need to file a motion to withdraw the guilty plea. You have a limited time within which to do this. If there is something else you can do, it is not apparent to me from what you have said. An attorney in your area who you meet with for a personal review might be able to uncover the source of the problem and find a better remedy.

Good luck.
 
Last edited:
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free and Confidential
Top