Friday, August 12, 2011
Can you reverse a guilty plea?
the court finds a man in contempt after he came in on his expected date too late due to being in court in another city where had a court appearance for trial,had no lawyer was told to return on the next day court resumes due to being too late (by person over intercom speaker at judges office), which was 3 days do to holiday, not including weekend, man appeared bright and early when court resumes as told voluntarily and willingly, go's before judge and was asked why weren't you here, he explains was in another court your honor here is the notice for trial in that court. judge says give me one reason why i shouldn't lock you up. he tells judge, your honor because i tried to get here as soon as i could, and did speak with your office to make them aware, and second is judge im here the next date of court, showing good intent. and lastly, have death in family my nephew whom i raised from a child is being buried saturday. judge dealt harshly with the man, he further pleads for his freedom and the judge replies "you don't want to come to court". man tells judge your honor in nearly 3 yrs there was only 1 other date missed and it was due to hospitalization and you jailed me 6 months for it even with proof. he replies " i find you in contempt your will serve 90 days in jail. during which time you will be brought to court every morning and remain till days end until a resolution is reached in this case. no attorney court appoints one for him, who now tells that they want you now to plead guilty or they will give you 30 yrs, then states 5 yrs and 5 suspended, then states the state is agreeing to recommend 2 yrs and to allow the judge to decide what to do. the man having paid thousands of dollars for restitution over the period of mounts before also comes in the day the judge locks him away with $5,000.00 more nearly paying off all that was claimed to be owed by him who was running a construction company and due to a business deal gone bad had problems with checks bouncing written to various lumber yards and suppliers for material. now although he agrees its his responsibility he him self didn't write the checks, but it was at permission. he feels this was all a ploy to detain him so he could easier be threatened and coerced to plead guilty as he had no defense nor ability to produce documents. he didn't have family available to locate his documents to help him. unfair it seems to me, man lost job he acquired after losing his previous job for long absence when judge held for 6 months as earlier mentioned. this man is show society merits of good citizenship and others who commits crimes doesn't even seem to care what they do, and compassion is given to them. can he take his plea back for coercion? and what can be done about the judge locking him up for as the judge states it "you should have come to my court room first". plus the court appointed attorney says " the judge has had a loss to him before dealing with a check that's why he's so hard on you". bias, and prejudice against him because of personal reasons? he needs to be excused from this case.
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