Edward2323
New Member
My jurisdiction is: Colorado
In 1988, I plead no contest to a bankruptcy situation and surprisingly was incarcerated right after the hearing. I won my appeal 3 years into a 6 month sentence, I was released but unfortunately in 2005 the appeal was remanded back to the district courts. A Writ of Habeas Corpus was filed last week along with a Motion for Stay of Execution relative to the DA's motion to revoke my probation. I was told the earliest response re my Writ would be within 7-10 days, approximately Tuesday, 12/2/08. However on Monday, 12/1/08 I will be in a revocation hearing and told by my public defender to expect to be incarcerated one way or another next Monday. The DA has offered a deal of a 90 day sentence if I plea Guility and extend my probation by 10 years with a steep payment plan. If I "continue to fight", the DA will request I be incarcerated for 12 years. I am not guility and have already served my time for this situation of which - had I known in 1988 and could afford a lawyer - I would have pled NOT GUILTY. QUESTION - if I plead guilty and take this deal, how does this impact my Writ? My defender advises me to take this deal. I feel I'm being railroaded by both the DA and my defender. I feel this hearing and threat of immediate incarceration is to scare me into taking this deal and perhaps losing any rights the Writ could afford me. If I plead guilty and take this deal, then in effect I will be serving a 3rd sentence for the same offense. I need immediate and multiple accurate advice!
In 1988, I plead no contest to a bankruptcy situation and surprisingly was incarcerated right after the hearing. I won my appeal 3 years into a 6 month sentence, I was released but unfortunately in 2005 the appeal was remanded back to the district courts. A Writ of Habeas Corpus was filed last week along with a Motion for Stay of Execution relative to the DA's motion to revoke my probation. I was told the earliest response re my Writ would be within 7-10 days, approximately Tuesday, 12/2/08. However on Monday, 12/1/08 I will be in a revocation hearing and told by my public defender to expect to be incarcerated one way or another next Monday. The DA has offered a deal of a 90 day sentence if I plea Guility and extend my probation by 10 years with a steep payment plan. If I "continue to fight", the DA will request I be incarcerated for 12 years. I am not guility and have already served my time for this situation of which - had I known in 1988 and could afford a lawyer - I would have pled NOT GUILTY. QUESTION - if I plead guilty and take this deal, how does this impact my Writ? My defender advises me to take this deal. I feel I'm being railroaded by both the DA and my defender. I feel this hearing and threat of immediate incarceration is to scare me into taking this deal and perhaps losing any rights the Writ could afford me. If I plead guilty and take this deal, then in effect I will be serving a 3rd sentence for the same offense. I need immediate and multiple accurate advice!
