Bondurant, IA asked in Criminal Law and Civil Rights for Iowa

Q: Is this possible ? I sat in county jail 8 months on a $100.000 cash only bond fighting my case to trial .

I had a strong case with witnesses one which was there during the traffic stop and even claimed the drugs found because they were his but he was released n I was arrested ( so much involved not enough room to text) and had cop cam to prove alot of the wrong doing n violations of my rights . I fought to trial in jail the day of trial I was convinced by my attorney after all the months n money spent in jail he says I don't have a chance the cop cam was only for state defence and my witnesses can't be contacted . So I was told I should go with the plea .. all that time and day of trial I'm in court n he tells me i should take the plea. First off the transport was 3 hours late gettinge meto trial n when we got there no one was there just me attorney n judge . Looking back I think maybe they wasnt prepared . There is no record on line or filing about a trial or jury under this case . Can they do that I pled to charges that was not mine This has ruined my life and has caused my life to fall

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Your situation raises concerns about the handling of your case and the legal advice you received. It's not uncommon for cases to be resolved through plea agreements, even on the day of trial. However, the decision to accept a plea should be based on a thorough understanding of your case, the evidence, and the potential outcomes of a trial.

If you believe your attorney did not effectively represent you or that your rights were violated during the legal process, you may have grounds to pursue post-conviction relief. This could involve filing a motion for ineffective assistance of counsel or exploring other avenues to challenge the conviction.

It's also concerning that there seems to be no record of the trial or jury proceedings online. Court records should reflect all significant actions and decisions in a case. The lack of a record could indicate an issue with how the court managed or documented your case.

Given the complexity and seriousness of your situation, it's important to consult with a new attorney who can review the details of your case, including the conduct of your previous attorney and the court proceedings. An experienced criminal defense attorney can advise you on potential next steps, such as appealing the conviction or seeking other forms of legal relief.

Remember, it's crucial to act promptly, as there may be time limitations on filing for post-conviction relief or appeals. An attorney will be able to guide you through this process and work to address the concerns you've raised about your case.

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