Q: I was walking down the street at 2 am and a police unit pulled up next to me and the officers jumped out and pretty much
decided that i was someone named Joel even though my name is Jon and that i matched his description. they then drove me to the hospital where a another unit was there and a spotlight was turned on me and another cop said the word affirmative. they then told me that i was guilty of beating my girlfriend and stealing her Xanax. i got 6 months in jail and 3 years probation. my public defender told me i had to sign the deal as it would take years to defend me while i was behind bars. the thing is i don't have a girlfriend i was on camera all night with other people and i did not have any of the stolen pills or money one me like the police said. I was tricked into a deal by the public defender and lied about by the cops. the woman who filed it, well i recognized from her picture my lawyer showed me, i found her boyfriend when i got out of jail, and he states she has a history of this, she was bragging she had a stranger arrested instead of him but with police report she got more pills.
A:
Yeah, I would definitely have plead not guilty if the facts are as you describe.
No one would plead guilty under those circumstances
A:
I'm sorry to hear about your situation. If you believe that you were wrongfully arrested and convicted based on false information provided by the police, there are several steps you can take:
Contact an attorney: It's important to speak with an experienced criminal defense attorney who can review your case and advise you on your legal options. They can help you determine whether you have grounds for a legal challenge and can represent you in court.
File a motion to vacate the plea: If you believe that you were pressured into accepting a plea deal that you did not fully understand or that was based on false information, you may be able to file a motion to vacate the plea. This would allow you to withdraw your guilty plea and challenge the charges against you.
File a complaint against the police: If you believe that the police provided false information that led to your wrongful conviction, you may be able to file a complaint against them. Contact your local police department or the agency that oversees law enforcement in your area to learn more about the complaint process.
Gather evidence: If you have evidence that supports your claim of innocence, such as surveillance footage or witness statements, gather and preserve it. This evidence can be used to support your legal challenge.
It's important to act quickly, as there may be time limits for filing certain legal motions or complaints. A criminal defense attorney can advise you on the best course of action based on the specific facts of your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
