On June 18th at Palmer district court i erroneously plead guilty to traffic offense that was dismissed by magistrate pretrial

Asked over 2 years ago - Longmeadow, MA

i am [Name Removed by Avvo] and was intimidated and coerced by my attorney, cathy mullins, the judge and ada to plead guilty to a stolen auto charge that the magistrate in a pre-arraignment hearing found no probable cause to pursue. at that magistrate hearing the charge was dismissed with prejudice, 6 months later the ada brings it up, judge Poehler entertains the notion without checking file that clearly shows case dismissed. no evidence. my attorney, mullins was entirely ineffective. actually i believe she slept through entire sham. I would like to withdraw my guilty plea and would appreciate any competent attorney to handle this case asap. I cannot believe the palmer court is so inept.I almost felt they had the wrong guy. I will be contacting the BBO and DA Mastroianni. Someone assist me.

Attorney answers (3)

  1. Erik Hammarlund

    Contributor Level 18

    5

    Lawyers agree

    Answered . You can contact the BBO or another attorney, but you should not post personally identifying information on this board.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask... more
  2. Lauren Craig Redmond

    Contributor Level 16

    5

    Lawyers agree

    Answered . In every case I have ever been involved in or heard of, when the ADA brings back charges that were dismissed before it is because they have new evidence. Further, it is highly unlikely that the judge failed to read the file. That's the first thing they do in every case I've ever been involved in or heard of. As well, it would be very unusual for the clerk magistrate to dismiss a charge with prejudice. They don't have that power, only a judge can do that.

    How is it you plead guilty to a charge when you were not guilty?

    Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any... more
  3. Michael Rodney St Louis Esq.

    Contributor Level 6

    2

    Lawyers agree

    Answered . The case was dismissed with "prejudice". Then you cannot be retried unless there is new evidence that comes to light. However, it sounds like the criminal charges were never actually issued against you because it was only a clerks hearing and no formal charges actually issued against you. Therefore, they may be able to bring charges against you. It's certainly something you can fight at the appellate level, if need be.

    Give me call if you need any help.

    Visit us at www.bostonsbestlawyer.com or call (781) 816-3950 for a free consultation. We handle Criminal... more

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