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Can my girlfriends plea bargain be reversed due to lack of evidence

Virginia Beach, VA |

my girlfriend and i were arrested in virginia for PWD, Posesion, transport, and conspiracy. My charges were null processed because my case went federal. She had PWD, transport and conspiracy null processed and took a plea for felony posesion before my federal case was heard. she got 90 days and 5 years probation. My federal case was dismissed due to lack of evidence we got supressed. Is there a way to help her?

Attorney Answers 5


  1. Not unless there were errors during the plea bargain process. Look into consulting with a criminal defense attorney who has appeals experience for a consultation, you may be able to find one here on Avvo.

    Avvo answers are not substitutes for the educated opinion of a lawyer who knows the facts of your particular case and should not be relied upon as such. My answer to you did not create an attorney-client relationship. James J Bagley Whaley, Bowie and Bagley LLC Providence, RI 401 454 7700 jbagley@wbblegal.com


  2. Highly doubtful. She should talk to an attorney immediately to see if there's anything that can be done.

    Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- www.AfterTheTrial.com -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.


  3. Based on the information provided here it is very unlikely that your girlfriend would be able to have her case re-opened and the plea withdrawn, nevertheless, no attorney could properly advise you or your girlfriend regarding this matter without first sitting down and discussing the case in much greater detail.

    Even if you are able to have the case re-opened, it is possible that evidence which was suppressible as used against you may still have been admissible as against her. You need to find an attorney whose practice is focused in large part on on post-conviction relief. It is my understanding that the attorney's who handle these types of cases are far and few between. Best of luck to you.

    The information provided herein is intended solely for educational purposes and does not create an attorney-client relationship. Please contact a local attorney for assistance with your matter.


  4. She plead guilty. He conviction is final unless there are jurisdictional or venue issues that may be raised on appeal, and that's only if she was convicted in the past 30 days. Good luck.

    Attorneys on AVVO donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.

    James Garrett
    Garrett Law Group, PLC
    http://www.garrettlawgroup.com
    jd@garrettlawgroup.com
    (757) 422-4646 - 24 hour Service

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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