Legal Question in Legal Malpractice in Pennsylvania
Scared into accepting plea bargain
Roughly five years ago I was arrested for two misdemeanor counts. At my trial/sentencing the ADA offered one year's probation for both if I pleaded guilty. I initially wanted to plead no contest to both charges. My atty explained that the deal was contingent on my guilty plea and that if we went to trial that we stood a good chance of losing. He went so far as to say the judge would be irritated for having ''wasted his time'' with a flimsy defense. He added that if I didn't accept the plea bargain that the ADA would be recommending the max jail time of five years. I took the plea.
I spoke with someone in the public defender's office who stated that my atty never should have accepted the plea and that I was never going to jail.
Upon hearing of my conviction the military discharged me and barred from enlisting in any other branch. Five years later I still can't re-enlist, despite the numerous moral waivers being granted. The misdemeanors have made finding employment in the civilian world equally difficult.
Do I have any recourse, as my atty mislead me, as well as took the path of least resistance at my expense?
2 Answers from Attorneys
Re: Scared into accepting plea bargain
Unlikely that you have recourse against your attorney.
However, you may want to retain an attorney to review your eligibility for a pardon.
Good luck to you.
Re: Scared into accepting plea bargain
At times the D.A.s office will insist on a Guilty plea rather than a nolo contendere (no contest) plea. I don't know that your attorney was wrong in what he told you. Some Judges can be tough with sentencing and your attorney's advice may have been right on the money. On occasion a Judge will even refuse to accept a plea bargain agreement as he or she has the right to do. I'm surprised that an attorney in the Public Defender's Office would second guess a plea for probation five years after the fact.
As for employment problems, doing the five years would have placed you in a much worse job situation. I suggest that you may want to see if the Army National Guard might consider the circumstances.
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