What is the name of your state? WI...this happened in VA
In '96 I was arrested for "attempted crimes against human nature" in VA...a felony. I wasn't arrested until nine months after the "incident", even though I was constantly in contact with the officer-I was never told of a warrant out for me. I went in to "sign some papers" and was arrested. Anyway...I was assigned a public defender. He told me not to plea bargain because it was obvious the officers was lying (which is what I was saying). He said the tape was "misplaced" which was a sign that they weren't telling the whole truth. The prosecutor wanted me to plea it down to prostitution, a misdemeanor. I wasn't guilty of either charge. I wasn't an angel, but I wasn't doing anything illegal.
So my public defender ended up getting way out of line with me. I told him to get me a female lawyer and I wouldn't tell anyone since I had already ruined my life (I was in the service). He called me at all hourse for weeks before we were supposed to go to court. I went to court and met my new female public defender. At that time I was told that my original PD was no longer with the office and had reported what had happened (I was never told what he said). In court the lady petitioned for a court appointed attorney. The prosecutor agreed...and so did the judge. The prosecutor and judge new what the original PD claimed happened, but I was never told. I'm assuming he told the truth as he lost his job.
My court appointed attorney said I should take the plea as I was essentially a prostitute anyway. I hated the guy, but I couldn't say anything as I had already had something happen with a PD. He made it clear he wasn't going to make any attempt on my case. I ended up taking a plea to make it go away. So I got a one year suspended sentence. I received an Other-than-honorable discharge and an RE-4 from the service.
Fast forward to today...I recently read something that people that are innocent sometimes get conned into taking a plea to something smaller because it looks like they will be found guilty. I feel this is what happened to me-with extenuating circumstances. I'm wondering if there's any way to appeal due to representation being inadiquate. I don't know if that's possible with a guilty plea. I sure hope so. I haven't been in trouble since. I've had some hard times, but currently I make a good living with a nice house and I have a family. If I can get this turned over, I can get the discharge reversed. I'd like to go back in. I've always felt guilty for not finishing my enlistment.
I've tried finding the original PD to see what he thinks. He really seemed to know his stuff, and at least I trusted him. Sometimes I think everything would have been ok if I had just slept with him. I ended up in a bad situation because I was so naive...then I tried to make the right decision and I ended up in a worse situation with a criminal record. Anyone have any advice? I've had to give up my goal of teaching and turn to accounting (I'll never be able to do that now, I know)-but I think I can get back in the service. Thanks.
-W
In '96 I was arrested for "attempted crimes against human nature" in VA...a felony. I wasn't arrested until nine months after the "incident", even though I was constantly in contact with the officer-I was never told of a warrant out for me. I went in to "sign some papers" and was arrested. Anyway...I was assigned a public defender. He told me not to plea bargain because it was obvious the officers was lying (which is what I was saying). He said the tape was "misplaced" which was a sign that they weren't telling the whole truth. The prosecutor wanted me to plea it down to prostitution, a misdemeanor. I wasn't guilty of either charge. I wasn't an angel, but I wasn't doing anything illegal.
So my public defender ended up getting way out of line with me. I told him to get me a female lawyer and I wouldn't tell anyone since I had already ruined my life (I was in the service). He called me at all hourse for weeks before we were supposed to go to court. I went to court and met my new female public defender. At that time I was told that my original PD was no longer with the office and had reported what had happened (I was never told what he said). In court the lady petitioned for a court appointed attorney. The prosecutor agreed...and so did the judge. The prosecutor and judge new what the original PD claimed happened, but I was never told. I'm assuming he told the truth as he lost his job.
My court appointed attorney said I should take the plea as I was essentially a prostitute anyway. I hated the guy, but I couldn't say anything as I had already had something happen with a PD. He made it clear he wasn't going to make any attempt on my case. I ended up taking a plea to make it go away. So I got a one year suspended sentence. I received an Other-than-honorable discharge and an RE-4 from the service.
Fast forward to today...I recently read something that people that are innocent sometimes get conned into taking a plea to something smaller because it looks like they will be found guilty. I feel this is what happened to me-with extenuating circumstances. I'm wondering if there's any way to appeal due to representation being inadiquate. I don't know if that's possible with a guilty plea. I sure hope so. I haven't been in trouble since. I've had some hard times, but currently I make a good living with a nice house and I have a family. If I can get this turned over, I can get the discharge reversed. I'd like to go back in. I've always felt guilty for not finishing my enlistment.
I've tried finding the original PD to see what he thinks. He really seemed to know his stuff, and at least I trusted him. Sometimes I think everything would have been ok if I had just slept with him. I ended up in a bad situation because I was so naive...then I tried to make the right decision and I ended up in a worse situation with a criminal record. Anyone have any advice? I've had to give up my goal of teaching and turn to accounting (I'll never be able to do that now, I know)-but I think I can get back in the service. Thanks.
-W