Asked about 5 years ago - Kirkland, WA
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I got a DUI, 6 years ago in '02, still on probation. Lost deferred in '04. Have been sober over 3 years. Met all DUI requirements. Haven't committed a misdemeanor in 5 years. Got DWLS, 3rd degree for no SR-22 on file on 11/2/07. Got insurance 2 days later. Got valid license when SR-22 went on file at D.O.L. Didn't have adequate counsel in court, plead guilty by mistake. Collateral consequences in another court for probation violation, want me in jail for 30 days. I wanted to change my plea because if I had plead not guilty, I could have shown back up at court with license and got an NVOL. The court screwed me over. Set me up with lousy counsel. Today he was going to file a motion to vacate but said I don't have a good excuse. Told me I shouldn't do it. Told me a bunch of B.S.
I hate this county, this town, and I really hate that court. We have a constitutional right to adequate counsel but I didn't get it. Who do I report this to? Can I have my case heard in King County, where I'm from? I've only been in this town and county 3 years and it's like an alien world - I'm waiting for a vacancy so we can go back to Kirkland. My counselor works in Edmonds but she's from Seattle. She agrees with me that everyone here is suspicious and paranoid, says its a completely different culture. Yeah, and they sure don't help you at the court.
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Did you plea guilty with or without an attorney? If you plead guilty without an attorney there might be a basis to withdraw your guilty plea. Even if you plea guilty with one there still might be a basis if the court didn't follow the procedures in accepting your guilty plea. You can file a motion to vacate your guilty plea. No, your case needs to be heard in the county where you entered your plea. Let me know if tthis helps.
Your case stays in the same court/county. I'm a little unclear from your description but it looks like you're interested in withdrawing a guilty plea from 11/2/07. You say you didn't have adequate counsel in court. If your plea was uncounseled, you might be able to swing a plea withdraw, but check with the court immediately as that type of collateral attack may be limited to a one year time period. My guess is though that while you feel your attorney was lousy, the court likley ran you through a bunch of questions making sure you knew what you were doing, that counsel had explained everything to you, etc. And if that's the case, your motion to withdraw your plea would likely be a waste of effort/time/money.
