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Go for sentencing tommorrow. want to withdrawl plea due to council incompitience. Military affiliation, can I request specialize

Ontario, CA |

specialized investigation. I was charged with burglary due to checks that where deposited into my bank account. I signed a joint suspension and I am suppose to be sentenced tommorrow. On Dec 28th my husband died and when the police came to the house they arreseted my co defendent and I (long story). I am now out on bail and the case still hasnt been picked up be the da. I am scared that as soon as I get sentenced that they will file charges and I will be gone automatically for five years. I already planned on with drawing my plea before this happened because I feel like my lawyers forced me into signing the plea bargain. Told me I would never get a deal like this again and that I wouldnt see my kids for a long time if I didnt take it because the DA was "being generous" today I probably wou

wouldnt get another da as gernerous again. email i spelled wrong

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Attorney answers 4


If you have a problem with your council you should tell him/her so. If that doesn't work, notify the judge. If that doesn't work, don't take the plea and hire a new lawyer. You're entitled to a good lawyer that works for you.


To answer your question, yes, you can withdraw your pleas all the way up to the point the military judge accepts your pleas. You can always back out of plea agreements. You needs military lawyer, immediately. Read my Avvo profile and call me at 855.MIL.JUST. v/r Gerry


What do you mean by military affiliation? Sounds like you are being tried by civilian authorities.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Philip Douglas Cave

Philip Douglas Cave


I read this a pending trial in civilian court.


You haven't left yourself or a new attorney much time to consult, sort through the issues and advise you. As a preliminary matter, any offense committed before your sentencing date cannot be used to violate your probation and impose a suspended sentence. If you have doubts about your plea, you should seek to continue the sentencing. Another attorney will have to evaluate the case thoroughly before planning a course of action.

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