Saint Augustine, FL asked in Criminal Law and DUI / DWI for Massachusetts

Q: My motion for a new trial was sent to the judge. The judge sent my motion to the district attorneys' office. Why?

The Commonwealth requested that the Court deny my motion to withdraw my guilty plea. The reasons were not given in a professional manner. The reasons for denial were very poorly investigated. The letter amazingly sloppy and amazingly careless and without merit. Why did the Judge ask the district attorney's office to answer this complaint? What is my recourse? Can I use the Attorney Generals office? By the way, my motion was for a new trial not to withdraw my guilty plea. I admitted to sufficient facts.

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1 Lawyer Answer
Lissa McKinney
Lissa McKinney
  • Criminal Law Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: The Judge sent it to the District Attorney because all Motions must allow for hearing from both sides. In addition, if the DA's office wanted to agree it simplifies the hearing and the Judges allocation of time. If they object, then the judge knows they have to schedule an adversarial hearing and determine to take testimony or heat argument from both sides. A Motion for New Trial is the same thing as a Motion to Withdraw a Guilty Plea or an admission. You are asking the Court to undo what was previously done. The participants to the plea/ASF were the District Attorney in the COurt where you were, and you and/or your lawyer. Those are the parties that will ahve to address it now. Not the Attorney General, who wasn't involved at all. Words like 'sloppy, careless and without merit' are conclusions, not facts. If you can factually point to statements, errors, etc that are fact ( not your opinion), or to the sloppiness ( they used a letter from another case and left facts from a different case in your letter when they saved) then politely do so as a reply. Avoid calling anyone names or being gratuitously offensive as it won't play well at all when you get to Court. Many judges are former prosecutors. If you are to get relief it has to be on a clear legal basis or a mistake etc. Good luck

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