I was lied to by my attorney and told I had to take a deal. Can I reopen my case and win?

Asked 10 months ago - Santa Monica, CA

I was involved in a case where I was 18 years old and met a girl that lied about her age told me she was 16 but turned out to be a 5'10" full figured 14 year old. The family of girl is on my side and didnt want anything to happen but my lawyer lied to me and said the state has text/instant messages between me and the girl but I later find out after taking a plea deal and sentencing that their was no evidence of such produced by the state. As part of my plea agreement I had to take a 288.1 report which my lawyer told me I have to admit to the Doctor to the crime to have a favorable report so that the state will accept the plea I take. I feel like my lawyer lied to me just so that he/she would not waste time and have to go to trial for me. What can I do? I want my life back this is so unfair

Attorney answers (7)

  1. Christopher John Gansen

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . You're probably cooked.

  2. David Ian Schoen

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . If you were 18 and had sex with a 14 year old, whether or not you knew she was 14, I would imagine that CA had a criminal statute which made this conduct a crime. Moreover, there was probably no defense. Accordingly, whether or not there were any text messages, would probably be irrelevant. Consult with a local criminal attorney, but there is probably not much that can be done.

  3. Samuel Cohen

    Contributor Level 20

    8

    Lawyers agree

    Answered . Before you pleaded guilty there was probably a series of questions which the judge asked you. Your plea was accepted based upon your answers. If you lied during that you have no one to blame but yourself. Among the reasons that was done was so after the fact the lawyer cannot be blamed as you are doing here.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Unlikely, but have a local lawyer investigate. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo lawyer (10.0) with a low contingency fee (less than 30%) close to your home.

  5. Neil James Fraser

    Contributor Level 15

    2

    Lawyers agree

    Answered . There's a lot of indicators in your question that leads me to suspect there's more to this case than you are letting on. Sounds like you were charged under the far more serious lewd and lascivious acts statute rather than the sex with a minor statute.

    But anyway, if she told you she was 16, she's still underage and you knew she was underage and thus you were committing a crime. Plus how do you know the evidence you speak of wouldn't have been available at trial since you didn't go to trial but took a plea?

  6. C. Matthew Missakian

    Contributor Level 3

    1

    Lawyer agrees

    Answered . There is a lot missing from your question, but I assume you have been sentenced already, and that any time to appeal has passed. It is true that undoing a plea is difficult, but if your lawyer truly lied to you about evidence that would be a pretty good reason. However, there is a big difference between "no evidence of such produced by the state" and no such evidence existing. The state may have never bothered to "produce" such evidence because you chose to plead guilty. If you really think your lawyer lied to you, you need to contact an experienced writs and appeals attorney, and you should do so before you are off probation (which I assume you got because of the 288.1 report). Once you are off supervision, it's even harder to file a writ challenging the validity of your plea. That the girl was 5'10, full-figured and lied about her age is unlikely to matter.

  7. Tad A. Nelson

    Pro

    Contributor Level 4

    2

    Lawyers agree

    Answered . Very very doubtful, but if your lawyer is shown to have been ineffective you may have a chance. It is a very tough burden because you take a plea and you would have to show that you lawyer was actually more than incompetent, you would probably have to show that he intentionally hide information to make you plea. Unfortunately you have a very bad situation. Good luck, Tad

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