lifesentence
Junior Member
What is the name of your state? Michigan
I am seeking assistance in having a conviction based on a plea agreement vacated, with the intent of receiving the trial that I was entitled to a long time ago.
In January 199X, I was convicted of an offence by a Plea Agreement. The offence was “750.411i”, Aggravated stalking.
In October 199X, I was arrested by a Michigan Police Department pursuit to the above matter and housed in the Jail. Shortly thereafter, I was released on bail; then arrested again a short time later; released on bail again; and, this continued until I could no longer afford the bail.
Since this matter involved a plea agreement, that agreement, in short;
• I attempted to have withdrawn within minutes of it being entered;
• Was not in my best interest;
• The ramifications of that plea were not truthfully explained to me by the court or my court appointed attorney, Mr J… P…; and,
• I was blatantly lied to regarding the effects of that plea by several people from within the D…. C…Legal Community, including people from the Prosecutors Office, and the Probation Department’s representative, Mr. S… A….
Furthermore, several pieces of evidence that were presented during the initial court proceedings were in fact “planted” in my home by the “victims” boyfriend, Mr. K.… J.….
Simply explained, the “Victim” (Ms. S… Q…) and I had shared a home in I… M…. Ms. Q…, had a violent temper and a substance abuse problem. In early 199X (Same year) she was charged in D… County with Felony Assault for attacking me with a weapon.
Many of my belongings were left at the “Victims” home when we separated (Including various tools, office supplies, electronics, etc) and, those belongings were delivered - unannounced - to my new home, by Mr. J…, while I was out one afternoon with a Ms. D… A….
Ms. A… and I returned to my new home in time to see Mr. J… driving away in Ms. Q…’s white station-wagon. All of my belongings from Ms. Q…’s home were now sitting on the driveway outside my house.
The following day, the police searched my home and found “Evidence” from amongst those belongings, which was later presented to the court.
I explained this to my defence attorney during the proceedings, and Ms. D… A… substantiated that report to him, however, he refused to address this with the court.
There are several other improprieties in this matter that can be addressed at a later time.
During 199X I was a man of little means, and only a 9th grade education. Furthermore, I had recently been hospitalized in the G… B… Psychiatric Center, and was prescribed medication by the Doctors at that center.
Today, things have changed. I have a college education, and am a man of means. I know now that I was denied my “Right” to a trial, and today understand what all the legal jargon I heard 1X years ago really meant.
In 199X, my attorney, and the courts, had an obligation to ensure that I understood the effects of their recommendations, and to ensure that I was capable of making an informed decision based on those recommendations. However, none of them did.
After 1X years, I continue to suffer the effects of this sham conviction. Furthermore, I understand that going to “Trial” could have detrimental effects for me. (In the event that I was found guilty, I could face a period of incarceration).
However, I am confident enough in my innocence of this matter to take that chance.
I am seeking assistance in having a conviction based on a plea agreement vacated, with the intent of receiving the trial that I was entitled to a long time ago.
In January 199X, I was convicted of an offence by a Plea Agreement. The offence was “750.411i”, Aggravated stalking.
In October 199X, I was arrested by a Michigan Police Department pursuit to the above matter and housed in the Jail. Shortly thereafter, I was released on bail; then arrested again a short time later; released on bail again; and, this continued until I could no longer afford the bail.
Since this matter involved a plea agreement, that agreement, in short;
• I attempted to have withdrawn within minutes of it being entered;
• Was not in my best interest;
• The ramifications of that plea were not truthfully explained to me by the court or my court appointed attorney, Mr J… P…; and,
• I was blatantly lied to regarding the effects of that plea by several people from within the D…. C…Legal Community, including people from the Prosecutors Office, and the Probation Department’s representative, Mr. S… A….
Furthermore, several pieces of evidence that were presented during the initial court proceedings were in fact “planted” in my home by the “victims” boyfriend, Mr. K.… J.….
Simply explained, the “Victim” (Ms. S… Q…) and I had shared a home in I… M…. Ms. Q…, had a violent temper and a substance abuse problem. In early 199X (Same year) she was charged in D… County with Felony Assault for attacking me with a weapon.
Many of my belongings were left at the “Victims” home when we separated (Including various tools, office supplies, electronics, etc) and, those belongings were delivered - unannounced - to my new home, by Mr. J…, while I was out one afternoon with a Ms. D… A….
Ms. A… and I returned to my new home in time to see Mr. J… driving away in Ms. Q…’s white station-wagon. All of my belongings from Ms. Q…’s home were now sitting on the driveway outside my house.
The following day, the police searched my home and found “Evidence” from amongst those belongings, which was later presented to the court.
I explained this to my defence attorney during the proceedings, and Ms. D… A… substantiated that report to him, however, he refused to address this with the court.
There are several other improprieties in this matter that can be addressed at a later time.
During 199X I was a man of little means, and only a 9th grade education. Furthermore, I had recently been hospitalized in the G… B… Psychiatric Center, and was prescribed medication by the Doctors at that center.
Today, things have changed. I have a college education, and am a man of means. I know now that I was denied my “Right” to a trial, and today understand what all the legal jargon I heard 1X years ago really meant.
In 199X, my attorney, and the courts, had an obligation to ensure that I understood the effects of their recommendations, and to ensure that I was capable of making an informed decision based on those recommendations. However, none of them did.
After 1X years, I continue to suffer the effects of this sham conviction. Furthermore, I understand that going to “Trial” could have detrimental effects for me. (In the event that I was found guilty, I could face a period of incarceration).
However, I am confident enough in my innocence of this matter to take that chance.