premature plea agreement

[sungrl]

What is the name of your state (only U.S. law)? CA . My husband and i were charged as co defendants in a case stemming from a search warrant in which we were arrested for drugs and weapons found in an area of the property in which we rented a house that we had no access or control over. I was able make bail, ($40,000) but he was held in custody and assigned a public defender. Through a "conflict" of some type with the pd's office,I was assigned a court appointed attorney. Our inital plea was not guilty, no time waived, entered by each of our attorneys in the same proceeding. Next was a pretrial hearing where we were offered a plea deal, and we had to both agree to plead guilty in exchange for probation terms and his being released. As much as I knew he wanted out, It was not worth being convicted of 5 felonies we were not guilty of. My lawyer advise me to provide him with documentation from my landlord stating the terms of my lease, excluding my use or accesses to a locked garage on the property, which I provided prior to the preliminary hearing. For whatever reason, this appearance began with his case being called first, and unaware of the evidence or subsequent dismissal of my case based on insufficient evidence. He agreed to a no contest plea to a lesser charge of simple possession, in order to be released after 22 days. He was found guilty, OR'd and referred to the probation dept. and to return in a month for setencing. It was after this my case was called and dropped. My question is, why was he and his defence not entitled to submit the same evidence that clearly included both of our names or even informed it existed before he took a bogus deal? Is there any way he can retract his plea and submit this evidence in return for the same dismissal?

 

[justalayman]

please don't double post

 

[sungrl]

Im sorry, i simply wasn't sure which was the most appropriate category to post ,and was hoping to attract the most views offering any advice that would be HELPFULL.I notice you have none to offer, but have double responded to double posts. Are you here to play "Posting Police" because you are ignorant of the issues addressed here, or just bored?

 

[justalayman]

Im sorry, i simply wasn't sure which was the most appropriate category to post ,and was hoping to attract the most views offering any advice that would be HELPFULL.I notice you have none to offer, but have double responded to double posts. Are you here to play "Posting Police" because you are ignorant of the issues addressed here, or just bored?

I did have advice but since you want to be, well, difficult, I'll not bother.


there is a reason to not make multiple posts of the same question. It is for your benefit as well as those responding. Have a great day.


btw: your husband didn't take a "bogus" deal. He had every right to continue his plea and take it to court. It was his choice to take the deal.

 

[Shannongiles16]

I believe the answer to your question is ineffective council. Ive heard about a case where the husband and wife were tried seperately and the wife beat the charge on a technicality. Even tho the husband shared the same technicality it was never brought before the court. Sounds pretty similar to your circumstances. The case involved an unattached garage. Not very different from yours.
I disagree with justalayman. This is a different question than the original and will get more attention as a seperate post.

 

[Zigner]

I disagree with justalayman. This is a different question than the original and will get more attention as a seperate post.

This is a question related to the same situation. OP's will receive better advice when the volunteer advisers have the big picture. Posting in several places scatters information around and the volunteers of this site really don't have the energy to read every single thread that is posted just to make sure they have the big picture.