Q: My husband needs help for post conviction. His lawyer didn’t do much and and now his facing 5 years.
Last year in September both my husband and I were arrested for possession of 1-4 grams of meth and a shotgun. My husband was charged with 3 charges and I had possession for 3 grams. I wrote an affidavit stating everything found was mine. They were in my bags and luggage. My husband wasn’t aware of what I was caring in my luggage. We were moving at the time of our arrest. The judge didn’t accept my affidavit. On Dec18,2024 my husband had court and he had to make a decision if not the judge was going to send it to trail in 2 weeks. My husband lawyer saw in the camera footage how they didn’t read my husband his Miranda rights and still didn’t fight the case.He told my husband to sign for 5 years and not to take it to trail. My husband signed. They dropped the gun charge. While reading the paperwork they put intend to deliver which that was surprising to my husband. On 12-18-2024 the judge didn’t want my case to keep going so I had to make a plea. If not he was going to send it to trail.
A: The problem that your husband is having is that, plea agreements are un-appealable. In fact, when the judge sentence a person, the judge usually says "since I filled the plea, you don't have the right to appeal my decision." Without seeing the evidence on the case, it would be difficult to give your husband proper advice. This usually means that a post-conviction attorney has to file an appearance post-conviction, review all the evidence, and advise accordingly. That typically means "expensive." Good luck to you, and God bless!
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