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Can I file for PCR due to Ineffective assistance of counsel or Misrepresentation by aPublic Defender in a case I took a plea in?

Indianapolis, IN |

In my case that occurred in July of 2007 The Prosecutor brought me a A misdemeanor plea to sign, which I did accept and sign. My PD then told me not to accept it and let her hold on to it. She told me not to accept it because the Prosecutor was going to drop all charges the following day in court. She then told me to waive my jury trial right, which I did based on my agreeing to the A Misdemeanor plea, and thinking all charges would be dropped the next day. The next day in court she said the A Misdemeanor Plea was gone and she told me I had no choice but to sign a class D felony plea and take the deal and that I couldn't get my right to a jury trial back. She also never informed me of my right to appeal my case. Do I have any grounds for a Appeal or PCR based on these facts?

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Attorney answers 2

Best Answer

You most certainly can file a PCR Petition in Indiana and, if your previous public defender admits to the facts you have outlined, you might have a chance of having your petition granted. If you agreed to a plea and your counsel failed to submit the signed acceptance of that plea before the offer was revoked, a judge might consider that to be ineffective assistance of counsel. If you signed a plea, your right to appeal was probably waived in the plea agreement. However, that does not prevent you from filing a petition for post-conviction relief based upon a violation of your constitutional right to effective counsel.

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You would have had, but I believe the time to file for PCR would have run years ago. I would recommend checking with a local criminal lawyer to verify what the time limits are in your area, but I know of none that are open for over 6 years. Hope that's helpful



I'm in Indiana there is no limitation for PCR @ 6 years. There is no limit to the best of my knowledge. There is a limitation for filing appeals, which in either case my PD made no mention of either.