Garden Grove, CA asked in Criminal Law for California

Q: If I’ve been convicted of crimes I didn’t commit in order to take a deal to get out of jail...

If I plead guilty to charges to have charges reduced to misdemeanors in order to get out of jail after 9 months... but I actually didn’t do them (assault with intent to commit bodily injury, dissuading witness, and battery) but I did do the terrorist threat. Now I am forced to pay about 13k restitution to alleged victim who lied to police and had my drunk uncle collaborate her story, how can I go back to court (or jail) just to have a trial that never took place. The reason I pleaded guilty was to get out of jail and they offered to reduce all charges to misdemeanors. Also they had me on threatening an apartment manager telling him I wanted to kill him so I was afraid that going to trial would make me look guilty + felony for terrorist threat. So I took the get out of jail with misdemeanors and probation. Now I am somewhat regretting my decision because of non-victim restitution. What can I do? Please help!

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1 Lawyer Answer
David Michael Lehr
David Michael Lehr
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: 1) Don't post details like this on an open website.

2) talk to the attorney that represented you.

3) You have 30 days after a misdemeanor and 60 days after a felony sentencing to file an appeal.

4) odds are really bad that you will be successful in withdrawing your plea.

5) good luck.

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