QUESTION
I have been accused of a sex offense I have a lawyer a lawyer and my sisiter says I was coerced into taking the plea. I received three years of prob
Asked on Oct 28th, 2012 on Sex Crimes - North Carolina
More details to this question:
I didn't know what the plea was. My didn't explain to me what the plea was. I didn't know a lot about the law. I was told if I didn't take the plea I was facing a lot of years n prison. I have a llearning disability, trouble with comprehension, slow learner, don't understand jokes. I took an iq test and scored 80 and then 77. I was n speech class n elementary to high school. The arrest happened on june 8 2008. I took the plea december 8 2008. I finished my probation and didn't cause no trouble and did good. I haven't gotten in any trouble since then. I'm a very likeable person by everybody. I can get a lot of reccommendation letters from plenty of people, family, friends, boyfriend, therapist, people I went to high school with, people I babysat for. I'm on disability please respond and let me know what I should do. I have been trying for 4 years.
1 ANSWER
Criminal Law Attorney serving Gastonia, NC
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The Law Offices of Ronald J. Shook
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It sounds like you need to contact an attorney who handles appeals work, specifically, you would need a motion for appropriate relief to reopen the case. North Carolina General Statute 15a-1415(b)(3) deals with convictions that were obtained in violation of your constitutional rights. If you were coerced into taking a plea, you may have a case for ineffective assistance of counsel. In order to prove a case for ineffective assistance of counsel you must show (1) the attorney's representation fell below an objective standard of reasonableness; and (2) the deficient performance prejudiced the appellant. Honestly, this is a very high standard to prove and the North Carolina Court of Appeals denies most of these motions, but it might be worth a shot if you feel like you were wronged.
Answered on Nov 01st, 2012 at 12:03 PM