Plea Withdrawal

Evlorin

Evlorin

Bluelighter
Joined
May 25, 2004
Messages
202
I was put in Jail for a few days on 3 misdemeanor charges and while in jail I saw the jail doctor figuring he wouldn't be as biased as the officers i consulted him about my case. He manipulated me into pleading guilty to resisting arrest and disorderly conduct while i was going to plead not guilty before. I was in such a stressful state during my lovely video hearing to set up sentencing that I didn't ask for a public defender.

Would the judge deny me (i live in utah, and the judge is an ass) a plea withdrawal on the grounds that it is my first charge that has brought me to court and I am unfamiliar with the legal system and would have liked to consult a public defender before i had made my pleas?

Also should I plead not guilty to the third charge of Criminal Mischief for reasons of a technicality. Not once was I read my rights from being arrested to this day.

Thanks for the help, It is within the 30 day plea withdrawal limit.
 
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When the Judge asked you if you were coerced into this plea, did you answer no? My best friend is a lawyer, I can ask him, but I dont know if Utah is different with regard to trial law, but I would imagine not in protocols. BTW every judge is an ass, its their job. I will check it out for you, I am afraid though that if you answered that you were not coerced into the plea by anyone, that you may not have a case. However, good lawyers always find ways...I will ask him....I will PM you as soon as I find out.

Secondly, you entered into an agreement without legal counsel? This doesnt sound right. Any judge would appoint you one and would not let you be PRO SE which means you are your own legal counsel. He would have at least asked those basic questions. DC and RA are misdemeanors in Texas as long as no one gets hurt, but you would still get to consult legal counsel before entering any agreement with a court of law. Thats just proper jurisprudence practice.

If this is true and they did such a thing, you might have grounds for taking this to a higher court, and or an appeal based on no legal counsel. This is a civil right that is guaranteed to EVERY citizen of the US. See Miranda v. Arizona...

This has piqued my interest, I will find out what I can for you....best of luck bro...
 
I was never asked if I was coerced into making my pleas. I was in Jail at the time and court was held over a webcam. He however did ask if I wished to represent myself at the time and I told him that I did. However to my understanding you can ask for a public defender at any time during your trial.
 
Also The doc I talked to was a Psych Doc of all things, so I put even more trust into him.
 
It sounds as if you have only been arraigned on said charges, unless you plead true, and a sentence was given, or in the case of deferring to adjudicate a term of "probation" was given. I dont know Utah law, but this is probably something that isnt done over a camera.

Did you recieve a sentence? Are you due to appear in court?

Those two questions must be answered first, I dont think you have been necessarily "convicted" on said charges, rather than formally charged, posted bond, and or released to recognizance and will appear before a County Court at Law Judge in person.

As far as I know, any plea agreement must be prefaced with several questions pertaining to mental capacity for trial, and if any coercion was involved. Unless these are not jailable offenses, you need legal counsel. You dont know court procedure and the judge will take it that you dont respect his courtroom.

Dont pick up another charge for contempt, just ask for legal counsel, apply, and hope the court grants it. You must be indigent in Texas before they will provide legal counsel, if said judge believes you have the money for counsel, he will deny your motion for indegency, and reset the first appearance.

Again, I dont imagine that Utah is that different with regard to jurisprudence and courtroom procedure. Not unless Joseph Mormon got to them too....
JK.......

I think you are ok, but get a lawyer!
 
Cops never like to read your rights. Honestly, when they arrested me for a felony they never read my rights and they tried coercing me to talk, telling me it's obstruction of justice, otherwise. If you go into court saying they didn't read you the Miranda rights, it will be their word against yours.

Why would you consult a jail doctor as opposed to an attorney? He works for the state and probably mingles with pigs all the time, and is exposed to their bullshit on a daily basis. An attorney on the other hand would be completely unbiased.
 
ive actually been told by someone with a doctorate in american government or something (he was a political science/history/economics teacher), that a few years ago it was made so cops didnt necessarily always have to read miranda rights, and they would ask if you want your rights read or not--sometimes, they wont ask though. ive never had them read to me, and ive been under arrest a few times...
and if im wrong, and its your word against theirs, im sure Utah has plenty of dickoff cops who'd refute your word to avoid getting in trouble.
 
If they arent going to ask you any questions related to the case at hand, they do not have to mirandize you. You always have the option to ask for an attorney. At the point you ask for an attorney the police are legally bound to stop asking you questions about the case. If you ask for counsel, say you want to remain silent, and they ask you if you are guilty after you said you wished to remain silent, and you say fuck yeah I did it....It would be dismissed in court, granted that is very extreme and more than likely would not net the result desired, but to state the point that under the fruit of the poisoned tree doctrine, if one apple is bad they all are...If you ask for your right to counsel and they try to use evidence against you regarding an admission of guilt, it is inadmissible in court.
 
A "knowing" waiver of counsel

I understand you had no attorney at the plea. The judge is supposed to inform you of the advantages of having legal counsel so when you waive counsel you will know what you are doing. If the judge didn't give you this advice before your plea you could possibly get the plea set aside on grounds that you did not "knowingly" waive counsel.
 
He never plead guilty to anything. I found out he was formally charged, i.e. arraignment. But Sidmo you are correct when you speak about the judge overseeing the case must inform the defendant of his rights to counsel. I couldnt imagine that courtroom procedure was that much different in the salty state...
 
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