Ok few years back I plead guilty to criminal mischief , my attorney or public defender try to make me plead guilty to few charges, I deny all including domestic violence. what I recall was that he was satisfy with criminal mischief i remember being one of the last one if not the last one in court and he wanted to be over since the victim didn't show up. Anyhow, he made me sign the papers in a hurry , now that I went to court to get copies of that case i find out that in the paper it states criminal mischief ( and right after ) it says , & DV. I don't remember that being there or that I was going to plea guilty to domestic violence . If not I would of plea not guilty to all the charges. I believe I was misrepresented can I re-open the case with an attorney or lawyer. What is the cost.
There is very little chance that you can successfully take back your plea after a few years.
If you intend to try, you should first order a transcript of the plea and sentencing. If the transcript shows that the judge read off what you were pleading to, then you will know that your argument is hopeless and you can save yourself a lot of trouble and expense. It will be hard enough for you to justify how you failed to read what you were signing. It will be essentially impossible to successfully argue that you were justified in not listening to the judge when the plea was read into the record.
Assuming that the judge did not read the full charge into the record and you are convinced that your attorney failed to tell you what you were signing or allow you to read the paperwork, then your next hurdle will be to explain why you did not discover this information for a 'few years'. You are probably long out of time, but if you can get past that hurdle, you can pursue an inadequate counsel defense and seek to have the conviction overturned.
It is hard to estimate what this will cost and it is clear that your chances of success are very very low. However, if it is something you think you might wish to pursue anyway, schedule a consultation with an experienced criminal defense attorney.
Robert Salter is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Robert Salter or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
No. The court asked you if you understood. You said yes. You can't go try to take that back.
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