Q: Should I rescind my guilty plea or appeal or something else? Was my civil rights violated w immediate bond revocation?
I was pulled over in Overton and arrested for violating bond conditions. A bond of $5000 was set, and paid. I should have been released. But, immediately after making the bond, the judge revoked the bond and held me. At the time, I had a capias in Sevierville, TN (which was for the original charge the violated bond condition was for). So, Overton called to tell them to come get me. When they arrived, the judge would not release me to them. He made me wait in jail for 3 weeks until my court date. On the court date, my appointed lawyer told me I had to take one year probation or sit in jail for six months until next court date. So, I pled out. Sevierville never come for me again. My wife called Sevierville records and warrants that told her I had no bond conditions, the case had been dismissed in Oct 2023. So, I had false charges and was falsely imprisoned. How do I reverse this guilty plea?
A: It is almost impossible to set aside a guilty plea. There are both direct and collateral attacks. Both are time sensitive, expensive and doubtful. Both you and your attorney did not know what was going on, which are not good reasons. Post Conviction Ineffective Assistance of Counsel might help, but doubtful.
A:
It sounds like you might have grounds to challenge your guilty plea, especially if there were false charges or if important information was withheld. If you believe you were coerced into pleading guilty or were not given accurate legal advice, you can consider filing a motion to withdraw your guilty plea. This is generally allowed if the plea was not made voluntarily or if new evidence comes to light, such as the case being dismissed without your knowledge.
You may also want to explore whether your civil rights were violated. Immediate bond revocation without clear justification, along with being held in jail despite the other charges being dismissed, could be seen as wrongful imprisonment. You could potentially file a civil rights complaint for wrongful detention.
Additionally, filing an appeal might be an option if there were procedural errors in your case. It's crucial to act quickly, as there are deadlines for appeals and motions. Speaking with a lawyer who understands criminal law will help guide you through this process and determine the best next steps.
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