Anne Whalen Gill

Anne Whalen Gill Castle Rock Appeals Lawyer

Posted about 14 years ago.

Having a lawyer who knows the judge's personal likes and dislikes is incredibly valuable. Your husband should ask his attorney to explain his decisions in editing the letter. If your husband still wants to vacate his plea, he needs to quicly file a Crim. P. 35 motion.

Stephen Clark Harkess

Stephen Clark Harkess Litigation Lawyer

Posted about 14 years ago.

Mr. Leroi makes a very good point about shifting blame. It is not possible for any of us to evaluate your husband's chances of acquittal at trial without a review of the whole file. However, if the decision was that there was a real risk of a guilty verdict and a gulty plea was a better alternative, it could have been very bad for your husband to argue at sentencing after pleading guilty that he was - in fact - not guilty because he had a prescription for hash. All judges hate to hear defendants talk out of both sides of their mouth. Judges hate to hear a defendant plead guilty and still argue that they are not. If the defendant is really not guilty he should go to trial (although that has risks). If a defendant tries to have it both ways he might make the judge angry and receive a harsher sentence.