Can i have my case re-looked at and go back to court?Can I go back to court or request a hearing after being instructed to plead my case and finding out that the public defender who handled my case did no investigating? Also advice I was given by public defender is not what he said. Attorney answers (4)
The appellate record needs to be examined because what is in the record already sets the stage for what can be done next. The answer to your question may take several hours of legal research. You do not state what the outcome was. What happened? Why? And to decide what the next step will be needs to be really fast because the appeal deadline clock is running and 12 days have already passed since the court session you mention.
You might find helpful my Legal Guide Questions to Consider Before Bringing an Appeal http://www.avvo.com/legal-guides/ugc/questions-... Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-cho... You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-... No one can know what the record is in the case because online we cannot see your documents. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 1 person marked this answer as good
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If you were instructed to plea and did, not knowing the consequences, you can move the court for a change of plea. The unforeseen consequences must flow directly from the plea. So-called collateral consequences are not a ground to set aside.
You face an uphill battle. The court typically conducts a colloquy with the defendant to ensure that the defendant understands what he/she is giving up in entering a plea, and that the plea is the free and voluntary act of the defendant. While you may be able to argue that the PD did no investigation, how exactly would this have affected the case? Unless it would have uncovered something that would have definitely impacted your position, it won't lead to a vacation of the sentence. One does retain the right to collaterally attack a plea if matters were kept from him/her that were central to the case and could have affected the outcome. However, that is limited in time to one year from the date the plea is entered.
It is possible to set aside a guilty plea based on ineffective assistance of counsel. The procedures for going about that vary depending on whether you've already been sentenced, and if so how much time has passed since the resentencing.
Before you attempt to set aside your plea, it's best to obtain advice from a new lawyer about whether that would be a good idea. Depending on the circumstances, you may or may not be entitled to have a new lawyer appointed for you. Otherwise, you would have to hire one privately. Find Defective & Dangerous Products Lawyers |