i have already plead guilty to avoid jail time.i got time served but now my licence is suspended and i must pay a fine on dec 7th....is there anything i can do?
2007-10-17 01:36:19 · 13 answers · asked by lonelycatskillgirl 1 in Politics & Government ➔ Law & Ethics
stop being a criminal
2007-10-17 01:38:23 · answer #1 · answered by smars442002 5 · 3⤊ 0⤋
It is a regular occurrence for people to try to withdraw a guilty plea. But my guess is that the judge entered into a "plea colloquy" with you-- asking you if you understood the charges, knew that you were pleading guilty, and that you couldn't withdraw your plea because you changed your mind. This makes it very difficult to withdraw a plea.
You should consult a NY criminal lawyer about this--you'll probably have to pay for a lawyer (since you weren't sentenced to any prison time, they don't have to give you a lawyer). If you didn't consult with a lawyer before entering a plea, you can attempt to make a legal argument that you didn't have counsel at the time and thus your plea was not knowing or voluntary. This is what Sen. Craig is trying to do in Minnesota (it probably won't work).
But you could at least contact a criminal attorney--she will probably know all the tricks to withdrawing a guilty plea, but it's not going to be free, AND then you will likely have to go to trial (which is not going to be free either), AND if you lose at trial, you'll probably get a harsher sentence (which may include jail time!)
All options and factors to consider when consulting with an attorney.
2007-10-17 01:54:21 · answer #2 · answered by Perdendosi 7 · 0⤊ 0⤋
You can try to change your plea and take your chances in court. If you have already plead guilty and been sentenced, it is very hard to go back and ask for a do over. You will need a lawyer which could end up costing you more than the fine, but may at least clear your name.
2007-10-17 01:59:30 · answer #3 · answered by fangtaiyang 7 · 0⤊ 0⤋
You were wrongly accused of possession, but you pleaded guilty? What did the police do, plant it on you? You plead guilty, pay the price.
2007-10-17 01:39:21 · answer #4 · answered by Anonymous · 3⤊ 0⤋
Howd you get "wrongly accused"... why would you plead guilty to something you didn't do?
Is the reality of your question that you actually did do something wrong, and are trying to find out how you can avoid getting any consequences?
2007-10-17 01:39:53 · answer #5 · answered by chrissy 3 · 3⤊ 0⤋
If you pled guilty, it's all over for you. You should have hired an attorney. Pay the fine. Now you have a criminal record.
2007-10-17 01:39:58 · answer #6 · answered by notyou311 7 · 3⤊ 0⤋
If you plead guilty, not much. You can try and withdraw your guilty plea, but if you do get a new trail and are found guilty you could do jail time.
2007-10-17 01:39:15 · answer #7 · answered by Chris 5 · 4⤊ 0⤋
File a retrial of the case and claim that you pleaded erroneously so that the appropriate decision will be made in order that you can request for the revival of your license and avoid paying fines.
2007-10-17 01:40:18 · answer #8 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
Wrongly accused--- yeah right.
Pay the fine criminal, or go back to jail
2007-10-17 01:40:52 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Sorry, all I can say is "oh ****" how unfair is this! However, if you where at fault, admit, live with it and put it behind you,. If you are truly innocent you must fight it, seek legal assistance, but there are no cheap way out and that too is unfair, good luck my Friend, let me know how you get on.
2007-10-17 01:47:12 · answer #10 · answered by Anonymous · 1⤊ 0⤋
You plead guilty, so there is nothing to do but pay up.
2007-10-17 01:40:27 · answer #11 · answered by remowlms 7 · 1⤊ 0⤋