Legal Question in Criminal Law in Massachusetts
An Unlawful Lawyer
On the advice of my husbands lawyer he signed a plea bargain with the D.A.. He was
sentenced to serve 3 years and a day. According to his lawyer the D.A. said he could
accumulate good time, so my husband signed the papers. While incarcerated my
husband received what he signed and it was not what he was was told by his lawyer.
I am the go between and I really don't like his lawyer I think he is a snake. A revise and
revoke was to be put in but now that the 60 days are up I found out that his lawyer did
not put one in. What is my recorse against this lawyer? I called the State Superior court and gave them the docket # and they confirmed nothing had been filed.
Any advice would be greatful.
1 Answer from Attorneys
Re: An Unlawful Lawyer
The information you provided did not go into detail as to the terms of the actual plea but a plea must be signed by both the attorney and the defendant. If your husband signed the plea form, one must presume he read it before he signed it.
In any event a new attorney could get permission to file a request for a revoke and revise.