Legal Question in Veterans Law in New Jersey

Made to plead guilty when innocent

My mother was involved in a car accident, the other driver went thru a red light and collided with her car. A police officer took the statement of the other driver and a witness. The police officer wrote down incorrect info. from the witness which made my mother appear in the wrong. My mother was given a ticket for running a red light & a court date. She retained an attny. who stated she should not go to the police station to give her statement of the accident. When she went to court her attny had her plead guilty to a lesser count and pay a fine. She was not guilty of the ticket. Her insurance co. spoke to the witness who stated that what she told the PO was not what he wrote in the report. She specifically stated the other driver ran the red light causing the accident. My mothers attorney did not call the witness and totally disregarded my mothers insistance that she was innocent of the charges. He was biased in his defense of her because of her age. He chose to believe that the PO did not make a mistake and never questioned the witness nor allowed my mother to make her statement to say otherwise. Does she have any recourse against the lawyer or the guilty plea & how does she proceed to hold the other person responsible?


Asked on 2/28/05, 10:57 pm

1 Answer from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Made to plead guilty when innocent

Somehow this question got sent to me under the heading of "Veteran's Law", but even though it isn't in that category I will answer you anyway. If your mother pled guilty less than 20 days ago, then she still has time to file a municipal appeal asking to take her plea back. She can go to the court where she got the ticket and they will tell her what to do to file a municipal appeal. As to whether she has any recourse against the attorney, whenever someone pleads guilty they have to put what's called a Factual Basis on the record. This means that they have to tell the judge that they really are guilty of the charge they are pleading guilty to. If your mom did not want to plead guilty to something she didn't do, then she had the right and the duty to tell that to the judge when it was her turn to go before him. If you try to bring a complaint against the lawyer it will be hard to prove he did anytnhing wrong if your mom gave a factual basis when pleading guilty. That's really the best answer I can give you. Good luck and best wishes.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 3/01/05, 11:50 am


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