How can I reopen a criminal case I took a plea bargain for in WA?I plea bargained for a misdemeanor trafficking charge in 2007 and I now feel as if I was not given all the details of my choices. This decision has brought my life to a current stand still and I am not able to move forward with new career opportunities. What are my choices
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Too much time may have passed for you to be able to move to withdraw your guilty plea, but given that it was a misdemeanor charge, you could very likely be able to move to vacate the conviction. This would remove it from your record and allow to to move forward with your life.
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Nicholas Chukwuemeka Okorocha, licensed in California
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It my jurisdiction, this would be almost impossible.
My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions. Do NOT rely on anything I write and contact a lawyer in your area immediately for real legal advice. 1 person marked this answer as good
Nicholas Chukwuemeka Okorocha, licensed in California
The court is not responsible for providing "all the details of" your choices. Pursuant to the rules of criminal procedure, it must advise you of the rights you give up in entering a plea (the right to trial, to confront witnesses, etc..) and the written plea forms caution a defendant that (s)he may end up being placed on probation in a misdemeanor case for two to five years. There are other warnings, depending on the charge, pertaining to the ability to carry a firearm and so on. If you executed such a form and you were orally questioned by the court and advised that you understood what you were doing, chances are you would not be able to undo the damage. Add to this the fact that you are well beyond a year's time for collateral attack and it appears you have no choice with respect to "reopening" the case. You may, however, be able to expunge the conviction, but should consult with an attorney who handles such post-conviction motions.
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