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My lawyer advised me to plea guilty to a charge I didnt do based on a letter he sent to me saying the judge was a difficult judg

Shreveport, LA |

After 18 months of going back and forth to court my paid attorney advised me to accept a felony plea.He sent me a letter the day before court saying i was going to court and take a felony plea because the judge was not a fair judge and the victims family was persuing a civil law suit .I was under the impression he was preparing for trial. The charge ended up having me to register as a sex offender and there was no sexual contact.There was a video and wittnesses in the video that the police didnt interview,the school officials but a person did come forward to speak with my attorney about the young lady and her character.I didnt know what to do at the court that day when his letter made it seem as though all the odds were against me.

Attorney Answers 2


I am unsure of the question. If I understand, your attorney gave you advice to settle the case without a jury trial and accept the offer made by the prosecutor. That is not unusual, that is what you retained the lawyer to do, to give you legal advice. He is closer to the facts and the law of the case, than anyone on the avvo site with very limited information.

I would further assume you reviewed the written plea agreement, signed it and then entered a plea of guilt under oath before the trial judge. I further assume you advised you committed the crime and were satisfied with the advice of your counsel. The decision to have a trial by jury and whether to enter a plea is yours and yours alone with advice of counsel.

If you are having second thoughts, you better act ASAP. Discuss with your attorney and/or seek another opinion ASAP if you want to consider an attempt at withdrawal of the plea.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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How soon is ASAP?

Frank Mascagni III

Frank Mascagni III


I assume you are in LA state court. There are local rules and rules of criminal procedure that address deadlines governing post plea/post judgment motions. Consult with an experienced criminal defense lawyer who practices in your jurisdiction. Time is not your friend.


You need to either listen to your attorney or get a second opinion. Pleading guilty to a sex offense is a very serious, life altering event. You need to be very very sure you can live with the consequences.

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Posted said in a letter addressed to me that was my best option based on the judge and the fact the family was sueing .but the way it happened was not what happened...I spent 18 months in jail.i felt lawyer became intimidated by the fact the family suing and employees of who they were suing feels like a conspiracy...It didnt feel right and I had to take that,cause he didn't want to life is over

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