My rights were non existent and it's supposed to be called the Judicial system, you know for Justice

[Ninamarie]

Jurisdiction

Colorado

I was wrongfully charged with 5 felonies and a 2 misdemeanors. During my arrest I was helping my mom and her boyfriend (Mr Winn) clean her new house she just moved into. The cops swarmed the house while my mom wasnt there (Mr Winn was squatting apparely. My only time in trouble was a DUI a yr before, I knew I had a warrant but was unaware of the squat situation. I was vocal about the unjustice that I was experiencing. That's when the cop said, "now you're getting everything Mr. Winn is." 10,000$ cash only bond. I waited to meet my lawyer that was appointed to me, but every week i was told he was on vacation. Finally 30 days in jail, I meet my lawyer, tell him my story, next morning I had court and knew I deserved justice. He comes in says "good news! Got everything dropped but the tresspassing". I was ready to go home, I didn't realize the tresspassing was a felony and I responded with "ok, I did tresspass, even though I was unaware". I was crushed when I realized at my probation appt. that it was a felony and the deferred sentence could mean prison time. I felt like I was slandered and lied to. Please tell me that I can do something about this, because it'll be 3 years on July 4th. There's much more detail to this incident.

 

[army judge]

Please tell me that I can do something about this, because it'll be 3 years on July 4th.

Three years AFTER the incident, I'm guessing there is little anyone can do to change the DEAL you agreed and plead guilty to, unless you can convince the Governor of Colorado to grant you a FULL pardon.

In the future, when the police arrive, its best to cooperate with them on the scene.

Once the on scene matters have been addressed, if you feel there has been some unusual actions, a court of law is where those matters are best addressed.

 

[sandyeggo]

How did you not know he was squatting and what were you and your mother moving into a house with some guy she barely knew?

 

[mightymoose]

I was vocal about the unjustice that I was experiencing

I don't think you have made it clear what injustice you had perceived at this point.

Finally 30 days in jail, I meet my lawyer,

Why didn't you hire a different lawyer who was available?

I didn't realize the tresspassing was a felony and I responded with "ok, I did tresspass, even though I was unaware".

It isn't trespass if you are unaware.
If you accepted a plea to this charge the nature of the charge and the consequences would have been made abundantly clear to you in court. Saying you were unaware until a probation appointment doesn't add up.

I felt like I was slandered and lied to

What you describe has nothing to do with slander. The court has a transcript of exactly what was said. If you think you were lied to it can be reviewed.

Please tell me that I can do something about this, because it'll be 3 years on July 4th

This happened 3 years ago? You are waaaaaaYyyyy too late, although if you accepted a plea you likely had no options anyway.

 

[Tax Counsel]

I was wrongfully charged with 5 felonies and a 2 misdemeanors.

First thing to understand is that in the law you don't have to be guilty of the crime to be charged. Guilt is determined a trial or in a guilty plea. All that is need to charge you is probable cause to believe you committed the charged offense. If the prosecution had probable cause then the charges were good. In Colorado, had you not gotten the plea deal, the court would have held a preliminary hearing (what some states call a probable cause hearing) in which the state would have to prove the probable cause unless you waived the hearing. If the state could not show probable cause for a charge the court would toss the charge. I don't know what happened and what each charge was so I cannot comment on whether the charges might have been appropriate.

I was vocal about the unjustice that I was experiencing. That's when the cop said, "now you're getting everything Mr. Winn is."

A tip for the future: don't be very vocal about what you think is injustice when dealing with the cops. You risk being considered to be obstructing the officers in their jobs and you risk ticking off the cops and making matters worse. Cops have a lot of discretion in how they do their jobs and you want them to use that in your favor, not against you. If the cops do something wrong in the arrest, you can deal with that in court later.

He comes in says "good news! Got everything dropped but the tresspassing". I was ready to go home, I didn't realize the tresspassing was a felony and I responded with "ok, I did tresspass, even though I was unaware".

Well, it is great that the lawyer got 6 of the 7 charges dropped, including 4 felonies. And if the state had the evidence to prove trespassing anyway then the deal was likely a good one. The lawyer should have explained the deal to you and that it was a felony offense. Maybe the lawyer did and you just didn't hear it or maybe the lawyer didn't. In any event if you weren't sure you should have asked.

The judge when taking your plea would have asked you several questions to make sure you fully understood what you were doing, including whether the lawyer explained to you the charge and the consequences of pleading guilty to it. You had to answer yes to that or the judge would not have accepted the plea. So you represented to the court at the time that you understood what you were pleading guilty to and accepting it. That makes it extremely hard to undo it later when you have regrets about the deal. In any event, you only had a limited time to appeal the plea agreement and that is long gone.

Your potential remedies at this point are very limited and just what you have said here doesn't make it look very promising. But you say there is much more to this, so see a criminal law attorney in Colorado who does post-conviction relief and see if there is anything you can do at this point to undo it.

Just be aware that if the plea deal is undone you may end up facing prosecution again on ALL those charges with the risk of potentially an even worse outcome. Discuss that with the lawyer too.

 

[adjusterjack]

I knew I had a warrant

And you're complaining about injustice?

Sigh.

 

[Ninamarie]

Wow thanks for all the input that's great! Let me answer some questions. I was only unaware of the charge being a felony while I was in court, not the deferred part. The judge did ask me if my lawyer explained everything to me, and I answered him yes, because I thought he did. Never being in trouble except for the DUI I got prior to this incident so I was naive I guess you could say. Now let's talk about the 'vocal' part of this situation so it's understood. This county I am from, does evil dirty deeds, and only recently have these deeds started to leek out into the public. I knew too much, I will put a bully on the spot every time, and I'm a very passionate person with my beliefs. I felt like the wrongdoings needed to come to surface, and yes it was something I regret. The only reason they didn't just take me out for good was probably because I was so vocal, they showed me who was boss with humiliating me. My fiance was with me at the time, no I was not moving in, we were only helping my mother that one day. The cops would know that if they were watching the place for the days prior when it was just my mother and her boyfriend there. My fiance was arrested with me and was released with no charges all because he kept quiet... Now how is that justice? My fiance was there when the officer said now you get all these charges, and he even told the officer, that's not fair for you to do that to her. He looked at him and said do you want them too? Now he is no longer an officer, along with numerous other ones. I took the charge thinking it was a misdemeanor and could just finish it out with my DUI probation, and wanted out of jail. Im I'm a mother of three boys, who needed me and I was in jail for 31 days for something I didn't do. I feel misrepresented, and don't think I had my right to a speedy trial. It has ruined my life, they have ruined my life along with so many others. Justice must be served.

 

[cbg]

I am asking this question for a reason.

What would have to happen for you to feel that "justice has been served"?

I'm not being snarky or sarcastic. That's a real question. My response to you will depend on your answer.

 

[Ninamarie]

A public apology for making me out to be someone I am not. Justice means honesty, integrity, fairness, and they were wrong to use the power they have to belittle me. Also of course the tresspassing charge dropped, and that would help me get my life back.

 

[cbg]

Since you acknowledge that you were trespassing and pleaded guilty to it, I can't see any way that charge is going to be dropped.

 

[sandyeggo]

Wow thanks for all the input that's great! Let me answer some questions. I was only unaware of the charge being a felony while I was in court, not the deferred part. The judge did ask me if my lawyer explained everything to me, and I answered him yes, because I thought he did. Never being in trouble except for the DUI I got prior to this incident so I was naive I guess you could say. Now let's talk about the 'vocal' part of this situation so it's understood. This county I am from, does evil dirty deeds, and only recently have these deeds started to leek out into the public. I knew too much, I will put a bully on the spot every time, and I'm a very passionate person with my beliefs. I felt like the wrongdoings needed to come to surface, and yes it was something I regret. The only reason they didn't just take me out for good was probably because I was so vocal, they showed me who was boss with humiliating me. My fiance was with me at the time, no I was not moving in, we were only helping my mother that one day. The cops would know that if they were watching the place for the days prior when it was just my mother and her boyfriend there. My fiance was arrested with me and was released with no charges all because he kept quiet... Now how is that justice? My fiance was there when the officer said now you get all these charges, and he even told the officer, that's not fair for you to do that to her. He looked at him and said do you want them too? Now he is no longer an officer, along with numerous other ones. I took the charge thinking it was a misdemeanor and could just finish it out with my DUI probation, and wanted out of jail. Im I'm a mother of three boys, who needed me and I was in jail for 31 days for something I didn't do. I feel misrepresented, and don't think I had my right to a speedy trial. It has ruined my life, they have ruined my life along with so many others. Justice must be served.

Take you out as in killing you? You cannot seriously believe you were in danger of the cops killing you. That's an exaggeration or you have delusions about what occurred.

 

[Highwayman]

...and don't think I had my right to a speedy trial.

You didn't have a trial - you really don't understand what you're saying.

You had some apparently serious charges. Being in jail for a month because you couldn't post bond is not unusual for someone charged with multiple felonies.