You should retain a criminal defense attorney who has experience in ineffective claims (PCRA). The attorney can review the entire history and make the argument that you could not have found out about your lawyers addiction during the applicable appeal period. Your new attorney must akso prove that but for the addiction you would have prevailed at the trial.This is the edge that the lawyer most show in order to have the court grant you a new trial.
Yes. You can change your mind at anytime up till the plea is accepted by the Court. Even then you can ask the court to be allowed to take back your plea. Make sure you have all your questions answered before taking a plea.
There is a statute that permits retailers to bring suit to recover the cost of investigating retail thefts that occur in their stores. I advise all my clients that receive the same letter you received to NOT send any money. I have never seen a suit filed to recover damages but I guess there could be a first.
If your company has a policy concerning drinking on the job you can bring that information to management. Additionally, you can confront him and let him know of your concerns. If he just pled guilty, he probably has a probation officer monitoring his case. Drinking and driving would be a violation which would result in him being incarcerated. If all else fails, if you see him drinking and driving, call the police.
After sentencing, a defendant's rights are limited. He has 10 days to ask for reconsideration and 30 days to file a very limited appeal. The motions must be in writing and if he cannot afford an attorney one will be appointed free of charge.
You have a potential defense and must retain an experienced criminal defense attorney to protect your rights. The preliminary hearing is an important proceeding in which your attorney will be able to explore very the police violated your rights and to otherwise set up a defense. If the Commonwealth fails to establish a link between you and the drugs, your attorney can move for a dismissal at the preliminary hearing.
If you are in fact charged with a DUI, it is important for you to retain a criminal defense attorney who has expertise with DUI cases. If you submitted to a blood test, the test results will be the determining factor. As to bringing a civil claim against the police department, they most likely are shielded by immunity. Good luck.