QUESTION
Does a not guilty person that plead guilty for a plea bargain have a civil suit?
Asked on Mar 11th, 2015 on Criminal Law - Pennsylvania
More details to this question:
I took plea after fighting my case for 21 months. I did not do the robberies. The proof is in the files. It says a white guy on 1 robbery and a 5’7 black guy on the other. I'm 6-2 and a half. I'm 35 years old but at that time, I was in my early 20’s. I took the plea of "no contest". A court appointed attorney was my defense. I just had a daughter. I took the plea to get out of ACJ. Plus my family's money ran out for lawyers. Initially, I had a lawyer. Do I have a case?
1 ANSWER
3 Awards
Probably not but if you want to try, you need to file a PCRA petition within one year of your plea. The goal of this would be to have your guilty plea stricken based on whatever defense you use-like your counsel was ineffective, you were innocent, etc. If you do this, perhaps a civil suit would be stronger. So, if you are within a year of your plea, find an attorney who handles Post Conviction Relief Act cases.
Answered on Mar 16th, 2015 at 4:18 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900