I had a criminal case where I was forced to take a plea. I then went and put in a motion to vacate the plea because I did not appeal within the 30 day appealing window Then the motion to vacate the plea was denied of course but now I want the transcripts from the original criminal case. I have put in motion to augment the record and both times it has been denied. I am wondering if I am putting in the correct motion or is there another avenue to get transcripts that were not considered in the motion to vacate the plea and now have them available for the appeal.
Sounds like you're grasping at straws tying to represent yourself. Recommend you retain an experienced criminal defense attorney.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Are you saying that someone forced you against your will to plead guilty on a case, meaning, for example, you were told that if you do not plead guilty, then someone would hurt you, kill a family member, or you were blackmailed in some other way, or otherwise?
There is a motion to vacate a plea, but it usually requires a good reason, and there are some legitimate reasons, but you should get a lawyer to review your case.
This is important. Hire an experienced attorney to look over your case and tell you what you can still do, if anything at this point.
A motion to vacate is not the next step after you let the time for appeal expire. You were not forced to do anything. You chose what you thought was the best alternative at the moment, probably to get out of custody, and now you want to walk away from the plea. Penal Code section 2018 requires more than I want a second chance now that I'm out; you have to show that you didn't understand what you were doing at the time you pled guilty or were misinformed about something important. If you're the parolee who wrote the last question (*as above"), then the parole hold was probably lifted when you pled guilty to a misdemeanor and were punished by the court with some incarceration time.
You will have to run your case by a criminal lawyer who can determine whether whatever misunderstandings you had at the time of your plea will get you what you want.
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