Allen, TX asked in Criminal Law and Legal Malpractice for Michigan

Q: If I am a disabled adult and I was forced into a plea deal about a criminal case what should I do

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Disabled does not equal incompetent, which has a legal definition. You are presumed competent.

How were you forced into a plea deal? At some point, you had to have appeared before a judge, who asked you (not your attorney) "has anyone promised or threatened you with anything to get you to plea guilty?". That was your time to say you were forced, if that was in fact the case. You likely answered "no", so the judge then asked you something along the lines of "so it is your choice to plead guilty today because you are in fact guilty", to which you answered "yes". All those questions judges ask defendants entering pleas are designed and intended to prevent someone from later claiming they were forced to do anything. You also likely signed a form to this effect.

Until you entered your guilty plea, you had a right to a trial.You could have elected not to take the plea and take your chances at trial. If the prosecutor couldn't prove you guilty, you would have walked away free. But just because you are disabled doesn't mean that the prosecutor had to dismiss the case or offer anything.

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