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I want to change my plea of guilty to not guilty before sentencing. how do i do that

Wheaton, IL |

My ex boyfriend charged me with credit card fraud after i broke up with him a second time. He was going behind my back while we were together, allowing me to take his credit cards not saying anything, and mind you i went to places like good will macdonalds and the gas station, and he would then go to the police station and say I was stealing and write a report

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Attorney answers 4

Posted

You always have the right to change your plea. It is not too late.

I suggest you get a lawyer who can help you notify the state's attorney that you are changing your plea.

Good luck to you.

My comments are not legal advice, and no attorney-client relationship exists between myself and any person reading these comments.

Erin Kathryn Russell

Erin Kathryn Russell

Posted

* By "always" I mean, as relates to you, prior to sentencing. After that things get tricky. So change your plea now, before you are sentenced.

Asker

Posted

do i have to fire my attorney first...he was court appointed and i was told that i could not submit anything because i am already represented....

Asker

Posted

i wish you could be my attorney for real

Asker

Posted

can a police officer arrest you just because someone...that person being my ex, pressed charges on me ....this time for trespassing. I had a no trespassing thing on his property because he doesn't want me to find out what is going on while my daughter is at his house...well to make a long story short she fell and hurt herself so I went over there anyway. Another time my mother and I went there because we did not know where she was ...she was suppose to be at daycare....these stupid cops hate me because I tell them what idiots they are and that is why they can't wait to arrest me

Erin Kathryn Russell

Erin Kathryn Russell

Posted

Antagonizing the police will get you exactly nowhere. If you have an attorney (and the public defenders are largely very good ones), then tell him you want to change your plea. He has to inform the court of your choice. In fact, even if you went forward to sentencing, as part of that process the judge would confirm with you that you want to plead guilty and you would have a chance to tell him/her no. I really think you should talk to your current attorney and tell him/her exactly what you want to do. You're the client.

Posted

For your criminal defense hire a lawyer to help you change your plea.

Asker

Posted

I already have a court appointed attorney that totally didn't do sh let alone defend me and that is what im worried about i think i have to fire him in order to submit anything and he will just give me hell like he always has and it makes me mad because the whole thing is a bunch of crap and I don't feel like he is on my side at all

Posted

I'm sorry to inform you but the advice that you are always free to change your plea is flat wrong. First, you must file a written motion with the court specifying the reasosn you want to change your plea and there must be good cause such as ineffective assistance of counsel, failure of the court to admonish you regarding possible sentences, invalid jury waiver are just a few. Having said that, it is unclear whether this is a blind plea, and unclear whether sentence has been pronounced but not imposed. These issues will make a difference. You need to consult an experienced criminal defense attorney immediately. Were you represented by an attorney when you pled guilty?

Posted

Ms. Russell is wrong, you may not always change your plea. And, because you were represented by counsel at the time you entered your guilty plea you will have a monumental fight on your hands to battle ahead. You were advised by the court at the time you entered your plea and you had to alert the judge that you were represented by counsel. And when you said you were guilty you had to willing state you knew the consequences of your plea.

Hire a criminal defense lawyer FAST. You are in a heap of a mess and need help to get out.