Q: My public defender lied to me about my sentence what can I do and how can I file a compliant or report him in MN
Last week I was sentenced, but my public defender failed to tell me all of the details of my sentence. He told me that I would be on probation until I complete 40 hours of community service. After he explained this to me I repeated it back to him for confirmation that I understood it correctly. However, upon speaking with Probation I learned that I am on it for two years. When I called him to ask him about this he acted as if it was no big deal because I would be on the lowest level. If I would have known the full details I would not have agreed. Is there anything I can do to change my sentence? And how can I file a compliant on him? Also he seemed very uneducated, told me that a gross misdemeanor theft cannot be enhanced and that only a felony theft is enhanceable. When we were sitting in front of the judge, the prosecutor asked him if he had explained enhancements to me. He then argued this to the prosecutor in front of the judge and then had to explaine that to me while sitting
A: People are often discharged from probation early once they have completed the terms and conditions of their probation. I can't say for Ramsey County, but in many counties you would be transferred to unsupervised probation or discharged early after you have completed your community service and met any financial obligations, such as the fine and restitution. If you withdrew your plea, you would be back to square one. There would be no plea agreement and any charges that were amended or dismissed would be back in play. That likely is not a good idea. I sincerely doubt that your attorney intentionally "lied" to you. He or she might've made some assumptions that turned out to be wrong, but they aren't generally trying to bamboozle you into pleading guilty. You could certainly address any concerns with his or her supervising attorney.
A: You are likely mistaken if you believe the prosecutor will offer you and the judge will approve the plea as you understood it if your case is reopened. Even in the unlikely event your attorney lied, you are not entitled to the misunderstood plea. Most likely, it will just be clearly explained to you.
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