Asked in Criminal Law and Appeals / Appellate Law for Idaho

Q: Can I negotiate a resentenced? And if I have warrants for the old sentence shouldn't they be dismissed pending new sente

I found new evidence that I'm certain will cast reasonable doubt in my old case, I did take a alfred plea and have warrants in ada county from a case in 2018. I am really needing my warrants dropped, I haven't been in trouble since the isolated incident, I am supposed to be resentenced but nothing's happening on my case. I have new evidence including the sworn testimony of the victim stating I didn't do what I was charged with. I'm told if I turn myself in that I'm looking at a min of 6 months. I have trial for custody in ada county and if I don't show up I lose by default, but I cannot do 6 months in jail for a misdemeanor, I've already done over 60 days. I'm trying to get case dismissed or come to some kind of fair resolution. I have a lot of things going on my favor, but my attorney won't help me. He just tells me to stay out of Idaho. But I want to settle it, I just don't want to go turn myself in and not know anything. I have a young son that needs me.

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