Legal Question in Criminal Law in Colorado

I have a friend who was charged with 2nd degree assault on a police officer. He is biopolar and was off his meds at the time.he didn't tell his Public Defender. He signed a plea bargain for class 5 felony assault with a deadly weapon (his foot, he kicked the officer) Is this a good deal? Should I try and hire a lawyer or is it too late since he already signed a plea. Sentencing is 1 to 6 years depending on the judge. He is on parole so no matter what he is going back to prison, but I hate for him to get 6 years because he was off his meds and kicked the officer. I don't think that is right. Should I talk to the judge for him? Please help sentencing is on next Wednesday. Thank you


Asked on 5/12/11, 6:37 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

At sentencing, you can address the Court (Judge). The Defendant would not likely be able to withdraw the plea. I would argue incompetence to plea, if the Defendant was not on his prescribed meds AT THE TIME OF THE PLEA. Note that the question is not about his meds at the time of the offense. The fact that the Defendant was not properly medicated at the time of the offense may help create a defense, and could be considered at sentencing, but the appointed lawyer (public defender) will know more (if the defendant tells them).

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Answered on 5/16/11, 6:44 am


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