I pled guilty to a plea bargain on a theft case a couple of days ago. When I met w/ my lawyer he handed me over a paper to plea guilty. Disappointed, I asked him if this would permanently be on my record. He told me yes. I then asked him "Well what's the point of me pleading guilty if I'm on deferred for the other charge?" He then inaccurately told me that if I was on DADJ it would still show up in background checks even after I got it expunged. I know that the law & govt jobs can still access those charges, but I made it clear I wasn't asking about those. He then condescendingly asked "Well what job are you trying to get? Lady of the night?" He seemed to imply that I wouldn't amount to much anyway so my background wouldn't matter. He also commented "You know you may not be able to work at the front of Burger King anymore, but you can still work in the back flipping burgers with the grease." I don't know if his gross unprofessionalism & hurtful comments would warrant ineffective counsel, but I do know that if he hadn't lied about the DADJ the outcome would be completely different and I would have at least taken probation. So would there be a possibility of appealing my plea?
His comments did not constitute ineffective assistance. From your description, he did not tell you anything wrong. It WILL always be on your record. You can file to have your record sealed, but there is no guarantee that any potential employer won't find it. The law says that the county clerk shall not disclose it. That doesn't mean that Publicdata.com or any of the hundreds of other web sites won't have the information and publish it.
Here is the honest to God truth about your situation:
You CAN file a Motion for New Trial within 30 days of your sentence. BUT, what are your options? The District Attorney is NOT going to dismiss the case because you don't like the deal, so the only options are going to trial (you'll either be found guilty or you'll be found not guilty) OR you can plea bargain for, well, the only thing you can plea bargain for is a CONVICTION. There is absolutely no sense in reversing a plea bargain and then bargaining for the same thing, so you are going to have to take it to a trial. Now, do you have the money to pay for a jury trial? It is expensive. You do NOT have the right to a court appointed attorney, so you are going to have to foot the bill yourself.
My opinion - tell your friends not to use his services and get on with your life. As soon as the case gets dismissed, file for a non-disclosure and you will legally be able to say that you have never been convicted.
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It sounds like you were on DADJ for something else when you picked up the theft charge. Is that correct? If so, and there was no real defense to the new theft charge, getting revoked on your DADJ was almost certainly going to happen anyway and, yes, there is no way to wipe off a revoked DADJ off your record. Did you pleas to straight time on two cases?
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