Legal Question in Criminal Law in Minnesota

gross misdemeanor

complicated question to follow. just yesterday i pled guilty and was given a stay of imposition/vacate to dismiss. i signed 3 forms giving up my rights re:time lawyer spent with my case, do i understand everything, no secret deals, etc... in my heart i disagreed & I just had a change of heart. I never wanted any of those things, but accepted everything & led to believe lawyer did everything i wanted. not true. I wanted a stay of adjudication, but was led to believe that stay of imposition is same.. I sold alcohol to decoy minor at store. I never in my life did anything illegal except this stupid mistake. clean record.now i have to pay $500 for prosecuting fees and 2 days community srvs. do u as an attorney have the ability to get me what i initially wanted which is stay of adjudication and not stay of imposition/vacate to dismiss? and what is your charge and would u see me without charges on your part for about an hour? I have many details to say. I gave up my rights in 1 hour in order to get this problem in my life. can i regain my rights and challenge this?


Asked on 9/26/08, 1:26 am

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: gross misdemeanor

This sounds like a Hennepin County matter. If you entered into an agreement for a Stay of Imposition, your record will not reflect a conviction in Hennepin county abnd teh matter will be vacated and dismissed after the probationary period (usually one year).

It would be very difficult to withdraw your plea if you were represented by counsel. However, if you wish to do so, you must file a Motion to withdraw your plea immediataely. You may then proceed to trial on the original charge. There is no guarantee that the prosecutor would offer a different plea deal.

For a consultation call 612.240.8005 or visit criminal-law.tv

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Answered on 9/26/08, 3:12 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: gross misdemeanor

It is difficult to withdraw a guilty plea, but sometimes a court will allow it in certain cases. One important factor would be whether the prosecution was prejudiced by your delay in making the motion to withdraw the plea. Therefore, if you wish to make such a motion, it would be essential to do it as fast as humanly possible. Though you could make such a motion without a lawyer, these are difficult and I cannot imagine it being successful without a good criminal defense lawyer helping you with it.

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Answered on 9/26/08, 4:05 pm


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