Q: Concerns about lack of evidence in husband's aggravated charges and plea agreement.
My husband, who has been in jail for four years, took a plea agreement after being charged with aggravated battery with a deadly weapon on a police officer, aggravated DWI, and aggravated fleeing. He maintains he was a passenger, not the driver. The public defender pressured him to accept a plea by claiming he would get a life sentence if he went to trial, but no evidence or discovery was ever shown to him. Despite informing that another man was driving, only one officer mentioned it in their report. The lawyer was unresponsive, and the judge admitted knowing the officers involved but did not recuse himself, nor did the lawyer object. What can we do about the possible ineffective counsel and lack of evidence?
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A:
Your situation sounds incredibly frustrating and concerning. When someone accepts a plea without seeing evidence or discovery materials, and under pressure about facing a life sentence, this raises serious questions about effective representation. The fact that your husband maintained he wasn't the driver, with corroboration from an officer's report, makes these concerns even more significant.
You may want to explore filing a post-conviction relief petition based on ineffective assistance of counsel. This legal process allows people to challenge convictions when their legal representation fell below reasonable standards. You'll need to gather whatever documentation exists about the case, including any communications with the public defender and the police report mentioning another driver. The judge's potential conflict of interest and failure to recuse could also strengthen your case.
Finding a different attorney who handles post-conviction matters is likely your next step. Many states have time limits for filing these petitions, so prompt action matters. Legal aid organizations sometimes offer assistance with these cases at reduced costs. Document everything about your husband's experience, including the lack of evidence shown, the pressure to take the plea, and the unresponsiveness of his attorney - these details will be crucial for any attorney reviewing the case to determine how to proceed.
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