A warrent was issued for me some time ago. This was my first dealing with the leagal system so i was scared and took a plea agreement. After the fact and looking thru my paperwork i see that the information the sherrif's department gave the court was inaccurate. To be precice they stated that i admitted to certain things. there are digital recordings of the conversation i have access too, i never admited to the acts and was not made aware that the conversation was recorded or read my rights, the conversatin was over the phone. would i be able to appeal or expunge charges based on this?
2007-01-14 06:35:20 · 12 answers · asked by TimmornS 1 in Politics & Government ➔ Law & Ethics
If you accepted the plea bargain agreement, you have pled guilty or no contest to the charges. You can only change your plea prior to sentencing, otherwise you must appeal within 10 to 30 days. Since you pled guilty, they do not need to file any proof with the court - your admission to the crime via the plea bargain is all the court needs. Once you make an admission on the record, it is set and done. Sorry to say, but your appeal will have little chance of success, but you have the right to appeal, if it is still timely.
2007-01-14 08:50:10 · answer #1 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
Happens every day.
http://www.cnn.com/2006/US/11/28/atlanta.shooting/index.html
It sounds like a possibility, but as has been stated you need speak with an attorney on this, preferably one quite knowledgable on constitutional matters, though most criminal defense lawyers are sufficiently knowledgable and experienced in this particular regard.
Or you could spend lots of time to research all the particulars and applicable laws and represent yourself. Unfortunately, taking this route requires you to practically be an expert on the legal matters involved to win your case. Though learning as much as possible about the laws certainly is recommended.
The legislators and entire legal system seems to have forgotten the following words.
"Fidelity to the public requires that the laws be as plain and explicit as possible, that the less knowing may understand, and not be ensnared by them, while the artful evade their force."
- Samuel Cooke (1770)
"It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?"
-James Madison, Federalist Paper 62
2007-01-14 15:02:36 · answer #2 · answered by tj 6 · 0⤊ 0⤋
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2014-11-16 12:41:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I'm not a lawyer but should'nt your lawyer have contested these charges if there were grounds to? you need to get someone else to represent you. But as for th information being legal. I don't know. depends on your state. in the state i live, you can record a conversation between two people as long as one party involved knows they are being recorded. check around.
2007-01-14 14:38:56 · answer #4 · answered by summer love 3 · 0⤊ 0⤋
I'm not an attorney but i think you need to get a lawyer. i do know that it takes a lot of money and time to get something expunged off of your record. my husband was accused of something and was looking at life in prison and after we lost everything and lived off of beans, balogna and our fav. peanut butter for 2 years. he was found not guilty and it was mistaken identity. which we already knew that. but 10 years later we are just now getting out of that hole and getting back on our feet. i was going to take a lot and we decided we didn't have the time or the money for it so good luck and be careful find an attorney willing to listen and do what is right for you. good luck.
2007-01-14 14:53:21 · answer #5 · answered by instig8tor682000 2 · 0⤊ 0⤋
You need a good lawyer, this site can never replace legal advise
from a lawyer.
2007-01-14 14:50:38 · answer #6 · answered by mimi 4 · 0⤊ 0⤋
Some families have been blown away,because they had the wrong address.Contact a good lawyer.
2007-01-14 14:49:23 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Talk to your lawyer, don't get legal advice from Yahoo! answers!
2007-01-14 14:39:08 · answer #8 · answered by SuzyBelle04 6 · 0⤊ 0⤋
You need legal help to get this sorted out. Best of luck to you.
2007-01-14 14:44:24 · answer #9 · answered by Anonymous · 0⤊ 0⤋
you state, you were scared and took a deal....and then you went thru the paperwork. you were scared of what? probably you broke the law. and you thought you got caught. you did it...stop your whining
2007-01-14 15:05:51 · answer #10 · answered by Anonymous · 0⤊ 1⤋