Legal Question in Criminal Law in Virginia

Misrepresentation?

About a year and 9 months ago I lived with a guy that unknowingly to me, took me to a house that he then burglarized. He got caught a month later and I got into trouble with him.

Now we were both in the military at the time and I have since been seperated.

I got a lawyer and the case was continued 9 times and for a year and 9 months. On November 27 2007 I was taken to jail after that my lawyer wouldn't take phone calls from my fiance or my mother like I told him to. He wouldn't come to the jail to meet with me and he told me that if I didn't plead guilty to one felony and I took it to trial, that without a doubt I would do at least a year in jail, I wanted to go to trial but he said that we wouln't win. He then told me, ''that if you take the plea, the judge will ask you a series of questions and you will know what to say when you hear them so you can get home to your fiance and see your baby be born.''

Am I able to appeal the charge that is on my record due to misrepresentation?


Asked on 12/27/07, 6:55 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Misrepresentation?

If you recently illadvisedly pled guilty to a felony count under the circumstances you've described, there may still be time for you to write a letter to the sentencing judge describing what occurrred with respect to your lawyer allegedly (mis)advising you and asking to withdraw your plea and to be allowed to have the matter set for trial. (Appeals are not normally granted in situations where the defendant has pled guilty as generally the forfeiture of appeal rights is one of the conditions of the plea bargain.)

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Answered on 12/27/07, 7:11 pm


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