Burke, VA asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Virginia

Q: I pled guilty to a charge under duress now I'm a felon. How can I have my case reexamined?

In 2017 I was brutally assaulted by 6 police officer during a mental health crisis. After I called an officer out for kicking me in the head he charged me with assaulting a police officer. I weighed 115lbs at the time. I was covered in bruises and my wrists were so swollen I couldn't be properly handcuffed. My lawyer failed to visit me in jail for 2 weeks or more. I was threatened with 15 years in prison and on the advice of my lawyer I took a plea deal. The entire encounter was caught on multiple body cams. My lawyer claimed the videos were too dark to see and felt the audio was not the best. I was released in 2019. What can I do now?

1 Lawyer Answer
Aaron Pomeranz
Aaron Pomeranz
PREMIUM
Answered
  • Criminal Law Lawyer
  • Chesapeake, VA
  • Licensed in Virginia

A: Unfortunately, you do not have any appeal avenues regarding the criminal matter available because of the passage of time beyond the deadlines.

If you want to seek possible civil rights claims against the police officers, you need to speak to an attorney that is an expert in those matters to evaluate a possible claim. Time is of the essence because there are statutes of limitation issues that need to be evaluated as well.

1 user found this answer helpful

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