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Uncertain Appeal, Pardon, Motion, Writ

Discussion in 'Criminal Records, Expungement' started by Louie3913, Feb 20, 2015.

  1. Louie3913

    Louie3913 Law Topic Starter New Member

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    I was arrested on September 14 2009 at age 16 for accessory to murder 32pc and assault with force likely to commit great bodily injury 245(a)(c). I was convicted on May 11 2011 and sentenced to 7 years due to a plea bargain. These were two separate cases, had no relevance whatsoever. I knew the defendants in a murder case that was ongoing, once I was arrested on my initial case the D.A. (Who happened to be the prosecutor for the murder case), charged me with accessory to murder. I was 16 and scared, they offered me a plea bargain and I took it. I had to testify of course. I knew I shouldn't have done it but I knew I was gonna lose because it's my word against the police. Would it be smart to go back to court and fix it? I'm trying to join the military but this is hindering me from doing so. What do you think?
     
  2. disagreeable

    disagreeable Well-Known Member

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    I am confused how you expect to attempt to travel back to the time of your plea bargain and not make it.
     
  3. army judge

    army judge Super Moderator

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    Sorry, Louie, you made some aggregious mistakes.
    Read your documents you were given and signed relative to your plea.
    Once the judge admonishes you about pleasing guilty, you allocute before the court as to what you admit doung, the judge accepts your plea; it's over!
    Those pleas are ROCK solid.
    Even the SCOTUS can't undo those crappy deals.
    Your ONLY chance, and its about a 1% chance is to seek a full pardon.
    Its a very heavy burden you're gonna carry for the rest of your life, boss, a murder related conviction is horrible.


    In CA you are allowed to enter a motion to withdraw your guilty plea under CA Penal Code 1018.

    It's called unusual circumstances motion.
    I think you (or a good lawyer) could make the argument that at age 16, you weren't fully able to comprehend the gravity if such a plea, as it relates to a murder related felony.

    If I recall correctly, such a motion is time limited. If it is, it's too late to make the PC 1018 motion. But, there's always a motion for the great writ, a habeas corpus petition.

    You should visit four or five god criminal defense or criminal appeals attorneys in your county. You can normally meet for 20-30 minutes initially at no cost. Do that, ask some good questions, you'll have a better idea what you could do to try and fix those pleas. I wish you well.


    http://www.shouselaw.com/motions-withdraw-plea.html
     
    Last edited: Feb 20, 2015

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