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I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration. the Lawyer told me that he agrees. He told me he would take care of everything. When the day came for me to show up with my lawyer he told me to sign some papers and then I fond out after the fact it was a guilty plea. I have been trying to reopen the case for almost a year now. I have filed paperwork with the court and with the attorney general's office. No one will respond to any requests I have made.

What is the process for having the plea withdrawn? Is it even possible at this point? It has been over a year and I don't expect any justice to be served. I'm merely asking if things could have been done.

  • How far along in the process is this question being asked? Pre-trial, during trial, after conviction? – Jason Aller Jun 9 '15 at 16:04
  • @JasonAller - A guilty plea was entered by the lawyer. I would assume that the OP was brought up to affirm that plea as is standard procedure in US Courts but that is unknown. – Chad Jun 9 '15 at 18:12
  • If you had a lawyer why can't you ask him for a coherent description of what actually happened? The preamble to your question (i.e., your entire first paragraph) is very unclear and confusing. – feetwet Jun 10 '15 at 0:21
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What is the process for having the plea withdrawn? Is it even possible at this point?

Maybe, but YOU are not going to be able to do this on a pro se basis. It is clear from the way you word the questions you are still extremely emotionally invested in the whole scenario and want to make sure you get your pound of flesh at every turn. That is not going to work in this case.

The first thing you need to accept is that for the purposes of the plea withdrawl the judge does not care to hear about how the lawyer tricked you. If you go in on your own pleading that your lawyer did you dirty, the judge is just going to deny your request in the best case.

You will need a lawyer to prepare and argue the motion to withdraw your plea. Get a good lawyer they are worth their costs. Focus on the main goal of resolving your issue of the Criminal Trespass. How the police treated you or your Tenant took advantage of you does not excuse criminal behavior. So if the plea does get withdrawn focus on winning the criminal case. After the criminal issues are resolved then you can deal with the other issues.

  • Bad judge! The response of going pro se after being tricked by a lawyer pretty much proves the case. – Joshua Sep 28 '15 at 22:57
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    @Joshua - If you mean lazy or pro-state judge then yes. More than likely that is what the OP is going to face. But the OP went before the judge stated that he understood the implications of pleading guilty and indicated that he wanted to plead guilty. Now the OP needs a good lawyer to argue that he did not understand and did not intend to plead guilty. It will be a challenge for a good lawyer, a nearly impossible feat for a pro se defendant. – Chad Sep 29 '15 at 2:28
  • That's just it, he didn't stand before the judge and plead. He signed papers he didn't understand only to find his own lawyer betrayed him. Under the old rules where he himself would have to plead, this could never have happened. – Joshua Sep 29 '15 at 2:59
  • @Joshua - You have to go before the judge to enter a guilty plea on all criminal charges. Yes he signed the papers but he had to go before the judge to have the plea entered. If he did not that itself is enough to have the plea withdrawn but in absence of the OP clarifying that is the case I would go on the assumption that the court followed proper procedure. – Chad Sep 29 '15 at 5:54

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