QUESTION
Is there any way to get DUI and assault cases reopened or to get her sentence of work release modified?
Asked on Sep 05th, 2012 on Criminal Law - New York
More details to this question:
My fiancé was sentenced to eleven months of work release for DUI and probation revoke. She actually took the rap for me when I was driving and wrecked our vehicle. She didn’t know what she was saying and now she has been charged and convicted of a DUI. She was on probation at the time for allegedly assaulting her ex-husband who outweighed her by more than 200 pounds.
17 ANSWERS
Steven D. Dunnings
No.
Answered on May 22nd, 2013 at 4:55 AM
Child Custody Attorney serving Grand Rapids, MI
at
Ryan Maesen PLC
Update Your Profile
No.
Answered on May 22nd, 2013 at 4:10 AM
Michael J. Breczinski
The judge could be petitioned to have the plea withdrawn, but they do not necessarily have to allow that. She needs to talk with an attorney in person.
Answered on Sep 13th, 2012 at 2:06 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that she contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding her case. He/she would then be in a better position to analyze her case and advise her of her options.
Answered on Sep 13th, 2012 at 2:05 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
One option is to do a motion to withdraw the plea. There are limitarions to this though. Contact a DUI attorney in your area to discuss further.
Answered on Sep 13th, 2012 at 2:04 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Re-opened? No, not once convicted and sentenced. She could file a Motion to modify probation terms if there are new legal "good faith" grounds to do so, such as inability to comply with sentencing orders for physical or other reasons.
Answered on Sep 13th, 2012 at 2:04 PM
1 Award
It will be difficult to get the charge reversed without opening herself up to new charges of perjury or obstruction of justice for lying to the police. To get a new trial, she would need to show that her rights were violated during the first trial. That can be hard to prove.
Answered on Sep 13th, 2012 at 2:04 PM
That's what you get when you CONFESS to crimes you didn't do. You can spend thousands to reopen or appeal. You got an extra $5,000?
Answered on Sep 13th, 2012 at 2:04 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Probably not. Without reviewing the case and the documentation from the court, I would say what you are asking probably wont happen. The only way to be sure is to hire an attorney to review the details of the case.
Answered on Sep 13th, 2012 at 2:03 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
This is very unlikely.
Answered on Sep 13th, 2012 at 2:03 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Leave it alone, or you will be charged and found guilty on your admissions. It is doubtful that her charges will be reversed, especially the probation violation as she, if the DUI was reversed, would be charged with perjury.
Answered on Sep 13th, 2012 at 2:03 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
It is unlikely that anything can be done if she has already pled to the DUI and admitted her probation violation. If it has been less than six months since the time she was sentenced, she COULD file a motion to withdraw her plea, but based on the information you've provided here, it probably will not be granted. You should contact a local criminal defense lawyer for consultation if you still would like to pursue this.
Answered on Sep 13th, 2012 at 2:03 PM
Criminal Defense Attorney serving Pittsburgh, PA
at
Law Office of Jeffrey L. Pollock
Update Your Profile
Other than you going to the police to give them new evidence to convict you instead, no. Has the 30 day appeal period ended?
Answered on Sep 13th, 2012 at 2:02 PM
Too late my friend. The ship has long sailed.
Answered on Sep 13th, 2012 at 12:25 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
She needs to consult with an attorney.
Answered on Sep 13th, 2012 at 12:15 PM
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
Yes, you must go before the court and display good cause for doing so, and the sentence may be modified. This can usually be done for modest fee.
Answered on Sep 13th, 2012 at 12:06 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
You need to seek and retain counsel for a confidential consultation.
Answered on Sep 13th, 2012 at 12:05 PM