Q: Over-charged with a crime, took plea that was less maximum time than what I did in jail. Do I have any recourse?
I got pulled over with x pills and charged with a level 2 dealing in methamphetamines, did 7 months jail(100k bond), then accepted a plea to possession of controlled sub., a class A misdemeanor.
Judge also fined me $800 but I say what about the extra month I served? Max time for my plea is 1 year do 6 months so I overserved my sentence by serving 7 months.
Can I refuse to pay, get arrested, and file paper work to apply that month of time served towards the fine?
Also I'm suspecting my arresting officer must of faked the meth field test or something. Facing life in prison traumatised me and I'm experiencing extreme depression even after 3 months being out.
Can I get some kind of compensation for them over charging me or me over-serving my sentence? Can I get some kind of disability from being incarcerated and facing life?
I hurried up and signed the plea, but I never even seen lab results for the pills, they might of had a dead case and I may have beaten it.
A: As to the extra time spent in jail, you would have to petition the court to use your time in jail, at $20/day as payment toward the fine. You should also consult with an attorney who specializes in 1983 actions to determine if anything illegal went on in your case.
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