Legal Question in Criminal Law in Virginia

was told he did not need a lawyer...but now he is in prision (for 4 weeks)...and

Friend was asked to the local FBI office for questioning,concerning a matter with a business he owns.It turns out someone he did business with was big- time into stolen property.Friend was ''forcefully'' asked to take a lie-detector test.FBI said that if he was not involved, he should not be afraid to answer their questions.He asked if he should get a lawyer.They said not necessary.He passed the test and no evidence was found against my friend.But now he is in prision.He has been there for almost a month,and has only talked with his appointed lawyer once,b/c he does not return his calls.He was given no legal advice from the lawyer,except to co-operate with the FBI.This led him to plead guilty to a crime he did not commit,because he was told his sentence would be less if he did so.But no other advice was given.The FBI has been back to talk with him and ask questions-but no lawyer has been present.Can anything he said,seeing no lawyer has been present,be used against him,in a court of law?And as far as his plea,can it be changed,now knowing that the FBI is not living up to their end of the bargain to help him?


Asked on 5/26/03, 2:30 am

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

Re: was told he did not need a lawyer...but now he is in prision (for 4 weeks)..

You say "no evidence was found against my friend",

but, apparently, there was quite substantial evidence. otherwise, assuming he's an adult more or less within the average parameters of intelligence and common sense and not given to psychotic episodes, he would not have agreed to plead guilty.

If he's not been sentenced yet, it may be still possible for him to withdraw his plea, depending on the applicable law of the jurisdiction.

People who are completely innocent, and have been wrongfully charged with crime, undcr no circumstances, should ever plead guilty.

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Answered on 5/26/03, 9:36 am


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