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Given diff.adj. for theft over 2K, actually innocent and on probation, need help!

My court appointed attorney told me that I had one option, plead guilty/no contest or got to jail and loose my children forever. Of course, being a single mother, i did what my attorney told me to do. Since then I have been on probation for one year and three months. I wasnt read my rights, thrown in jail for something i didnt do, tried to tell them that the drug addict convicted shoplifter co-worker of mine seemed like a better candidate for the charge, but it was like everyone already had me convicted before I even stepped foot in the court room. The probation is KILLING me, and my poor children are suffering for it too. I dont even have $ for winter coats! What can i do? im a single mom, no money and im actually INNOCENT! Somebody pls hlp me im ready to scream! and super super lost!

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Attorney answers (2)

Avvo Pro

Reputation Level 14
Since you plead guilty/no contest I'm assuming you waived all rights to appeal. Most, if not all, plea bargain agreement contain such a waiver.

Therefore, your only option may be to challenge the plea with a writ of habeas corpus. Most post plea writs are brought for ineffective assistance of counsel. You should schedule consultations with attorney who handle post convictions criminal litigation (writs/appeals) to discuss your options.

Reputation Level 20
You had to stand before the court and agree to the guilty plea. You had to answer questions from the judge including things like whether you had sufficient time to talk the matter over, whether you understood the ramifications of the plea, whether you agreed to waive your appeal rights, whether anyone had given you inducements to compel you to take the plea, etc. Forget about what your attorney did or did not do, just for a moment. To go back and say that you want to appeal also says that you committed perjury to the court which is what makes an appeal after a plea so very, very difficult. There are avenues of appeal but it is very difficult. Without knowing the details about your Sixth Amendment right to effective counsel claim and what evidence if any there is, no one can say. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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