Hi, My lawyer is about to file a Rule 32 petition for me, as my plea deal to a super extreme DUI was not met. I needed to install the ignition interlock in my vehicle before the court date along with obtain the restricted driver's license. The main issue is that my lawyer never told me about needing this and had I known, I would have done it asap to ensure I receive the plea deal. In the rule 32 petition that has been drawn up however, it states that because I now have those two pieces needed in the original plea deal, I want the original sentence given to me. In addition, it also states that I was never falsely counseled (which I would need to sign and agree to). I believe I was falsely counseled and my fear is that one, this petition wont be accepted by the judge as he/she will most likely come back and say I had time to meet the plea requirements and didn't. Two, if I sign this, I am saying that I was never falsely counseled (like I was) and can't submit a petition stating that if this one fails. I would like advice on if you believe that the current Rule 32 petition will be passed by the judge, or if I need to file the Rule 32 stating I was falsely counseled.
First, I would never sign an affidavit if I didn't believe what was in it. You need to talk to your attorney. I think you may have a rule 32 for ineffective assistance of counsel. With any rule 32, what it will do is put you in the position you were in when you were first charged. The prosecutor can honor the original plea offer or could change it. A rule 32 doesn't change your sentence in and of itself. Make sure you understand what you are doing with your rule 32 attorney. If you don't have confidence in one you are working with now, get a second opinion. (Practicing law is like practicing medicine, when people see the same thing several attorneys can see it differently and all still be right.) just make sure you understand what's going on. Even if it takes some time. Just don't be defensive while it's being explained or you won't hear and understand what the attorney is saying.
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