Alcohol & Drugs: MIP, MIC, Intoxication WV-drug charge-plea

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42n81

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I went with my sister to her hearing today and learned that she has pled guilty to a "lesser charge" of knowing that her apartment was being used as a crack house. Her court-appointed attorney asked her at their pre-hearing meeting (20 minutes before the hearing) if she understood her decision and she said no. He proceeded to tell her that by pleading guilty for this charge she could receive 60 months and possibly less due to her health (diabetic, naropathy) as opposed to going to trial on a charge of "conspiracy..." and serving a minimum of 20 years. He explained that this is because the prosecutor is adding "more weight" to the conspiracy charge than the lesser charge. I'm not sure if this is federal or state, although her attorney is a state appointed one.

She was living with a man who apparently was selling crack cocaine. He moved into her apartment with her in May of 2006, which was in her name. She and her daughter moved out away from him in August 2006 because she suspected he was using. He intermittently worked, but never contributed to the household expenses. He came into money after his father died and still never had any money or bought a car, much less groceries. Because she is a section 8 tenant, it took 2 months for her move to actually go through the housing system.

My questions:
1. can she change her plea to not guilty and request a jury trial
2. should she change her plea
3. can the man she was living with be sued for causing her duress, stress, or something

Thanks.
 
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My questions:
1. can she change her plea to not guilty and request a jury trial
A: I doubt it, but you are so vague on what happened, there could be a different answer.


2. should she change her plea
A: That's up to you.


3. can the man she was living with be sued for causing her duress, stress, or something
A: Sure but, if as you say, he has nothing, then you will get nothing even if you win.
 
What's vague? He was selling from her apartment and she was arrested because the apartment was in her name which the prosecution assumes that my sister was a party to the activity.
Please let me know what needs to clarified.
 
Once a guilty plea is entered, it is difficult to take it back.

What is vague is what your sis did.

Did she in fact enter a guilty plea?

If it was knowingly and voluntarily entered, she cannot take it back.
 
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