Justice System, Police, Courts Unwarranted Search

[mandmt1126]

Jurisdiction

Utah

I plead guilty to two misdemeanor charges, but after I did, I found the documents to the case go prove the evidence was obtained illegally. Are there any avenues I can take to prove this case should be dismissed based upon illegal search and seizure, or is it too late?

 

[Highwayman]

You found that the evidence was obtained illegally? And how did that happen?

So why did you freely plead guilty to two charges?

 

[adjusterjack]

I plead guilty to two misdemeanor charges, but after I did, I found the documents to the case go prove the evidence was obtained illegally. Are there any avenues I can take to prove this case should be dismissed based upon illegal search and seizure, or is it too late?

You might be able to withdraw your plea. Consult a criminal defense attorney. This is not a DIY project.

 

[army judge]

I plead guilty to two misdemeanor charges, but after I did, I found the documents to the case go prove the evidence was obtained illegally. Are there any avenues I can take to prove this case should be dismissed based upon illegal search and seizure, or is it too late?

You were admonished in en court, on the record, about the permanency of a plea.

You were asked if your lawyer explained what the deal meant?

Your educational level was ascertained, as was your ability to speak and write English, you affirmed everything to receive that deal.

No court, under any circumstances can undo the deal you voluntarily made. You waived your appellate rights, too.

The only way to overcome the plea is a full executive level pardon. Yeah, that ain't ever happening either. Pardons are for the wealthy, the elites, the royals, the cream of the crop.

 

[Betty3]

It's too late now but you shouldn't have plead guilty.

 

[adjusterjack]

I'm not sure it's as bleak as all that.

"Thereafter, Powell moved to set aside his plea bargain on the basis that the trial judge had failed to properly advise him of the consequences of entering a guilty plea to manslaughter. The trial court denied the motion. He appealed from the denial to the court of appeals which reversed the trial court and held in a memorandum decision that Powell should have been allowed to withdraw his plea. State v. Powell, No. 900202 (Utah Ct.App. Oct. 24, 1990) (mem.). On remand to the trial court, Powell withdrew his plea."

FindLaw's Supreme Court of Utah case and opinions.

So there is at least one set of grounds for withdrawing a plea bargain, there may be others.

Hence, the suggestion to consult a criminal defense attorney.

 

[army judge]

I'm not sure it's as bleak as all that.

"Thereafter, Powell moved to set aside his plea bargain on the basis that the trial judge had failed to properly advise him of the consequences of entering a guilty plea to manslaughter. The trial court denied the motion. He appealed from the denial to the court of appeals which reversed the trial court and held in a memorandum decision that Powell should have been allowed to withdraw his plea. State v. Powell, No. 900202 (Utah Ct.App. Oct. 24, 1990) (mem.). On remand to the trial court, Powell withdrew his plea."

FindLaw's Supreme Court of Utah case and opinions.

So there is at least one set of grounds for withdrawing a plea bargain, there may be others.

Hence, the suggestion to consult a criminal defense attorney.

Notice the date, 1990.

Judges in every jurisdiction read the admonishment, go through each phase systematically to make sure the defendant is properly apprised of the permanency of the plea into which each has voluntarily chosen to enter.

I've done hundreds of those admonishments in open court, with the defendant being sworn and the back and forth being recorded for posterity.

The defendant is required to allocute the crime in detail, as part of the process.

A mistake or two may still happen, but such mistakes are rare, and grow rarer by the year. I'm sure one or two happen, as this is an activity driven by human beings.

If done correctly, a plea bargain is irrevocable.