judge violates plea aggreament

[paroled]

What is the name of your state?ny

i cop out to a 1 1/2 -3
the judge gave me a 3-6 because i was late to court.
and my lawyer refused to let me withdraw my plea.

i want to sue my attorney for misrepresnting the facts to the judge. and because he did that the judge was verry upset and would not change his mind.
he refused to even make an effort to have the judge reinstate the deal.
he also waS UPSET HIS 2 HOURS WERE WASTED ALSO.

whats my best avenue of relief?because im sore about the extra 4 years of parole im doing.
thanks for the input

 

[BelizeBreeze]

What is the name of your state?ny

i cop out to a 1 1/2 -3
the judge gave me a 3-6 because i was late to court.
and my lawyer refused to let me withdraw my plea.

i want to sue my attorney for misrepresnting the facts to the judge. and because he did that the judge was verry upset and would not change his mind.
he refused to even make an effort to have the judge reinstate the deal.
he also waS UPSET HIS 2 HOURS WERE WASTED ALSO.

whats my best avenue of relief?because im sore about the extra 4 years of parole im doing.
thanks for the input

For your information, the Judge is not bound by law to accept your 'plea' bargain. You wasted a lot of people's time and effort and snubbed your nose at their work in your behalf.

Good Work. see you in three years.

 

[seniorjudge]

What is the name of your state?ny

i cop out to a 1 1/2 -3
the judge gave me a 3-6 because i was late to court.
and my lawyer refused to let me withdraw my plea.

i want to sue my attorney for misrepresnting the facts to the judge. and because he did that the judge was verry upset and would not change his mind.
he refused to even make an effort to have the judge reinstate the deal.
he also waS UPSET HIS 2 HOURS WERE WASTED ALSO.

whats my best avenue of relief?because im sore about the extra 4 years of parole im doing.
thanks for the input

i was late to court

When you violated the plea bargain by not showing up for court on time, it went out the window.

 

[paroled]

the specific day happen to be a snow blizzard and i did call the lawyers office/the judges assistant also personally.i expected to be a half hour late or an hour and it turned out to be 2 hours or a little over that.

i believe the judge is bound to let me withdraw my plea if he plans on retracting the arrangment,that IS the law!

by the attorney not allowing me/or speaking up for me in my behalf to withdraw the plea is a lack of professionalism and a direct violation of his duties!i can and will lodge a formal complaint to the bar association when i am off of parole.along with some other formal complaints and detailed minutes and documents to present the case crystal clear.and i guarantee my extra time will be ACKNOWLIDGED!

you see,its people like the ones that make the crumbcake replies on this forum that think their so smart.but the law is written in ink on books to be followed by all.not to be bent and twisted to fit where they see fit.

i read some of the replies that are given and i laugh because the responders act like theyre above everyone and pompus.if you cant be helpfull then go
pet your dog cause its probaly the only friend you have!and he probaly hates you also.

that applies to every person who responds with useless critisim and maliscious snippy comments,whether your a judge or a lawyer or a criminal or a nobody

 

[BelizeBreeze]

the specific day happen to be a snow blizzard and i did call the lawyers office/the judges assistant also personally.i expected to be a half hour late or an hour and it turned out to be 2 hours or a little over that.

i believe the judge is bound to let me withdraw my plea if he plans on retracting the arrangment,that IS the law!

by the attorney not allowing me/or speaking up for me in my behalf to withdraw the plea is a lack of professionalism and a direct violation of his duties!i can and will lodge a formal complaint to the bar association when i am off of parole.along with some other formal complaints and detailed minutes and documents to present the case crystal clear.and i guarantee my extra time will be ACKNOWLIDGED!

you see,its people like the ones that make the crumbcake replies on this forum that think their so smart.but the law is written in ink on books to be followed by all.not to be bent and twisted to fit where they see fit.

i read some of the replies that are given and i laugh because the responders act like theyre above everyone and pompus.if you cant be helpfull then go
pet your dog cause its probaly the only friend you have!and he probaly hates you also.

that applies to every person who responds with useless critisim and maliscious snippy comments,whether your a judge or a lawyer or a criminal or a nobody

It'w wonderful that you KNOW the law. Therefore, you don't need legal advice from this forum. Also, therefore, you will undoubtedly succeed in bringing suit against the judge, the attorney and the entire legal system.

Have a hap hap happy day.

 

[paroled]

good spelling


advice,input,intilectual comments,not immature ones

and if you think what your saying is advice,i hope you dont have children.

thanks anyway

 

[stephenk]

what legal basis did the judge state for increasing the sentence? what did the prosecutor state to the judge regarding the plea agreement?

 

[calatty]

Normally if you pled guilty in exchange for a a specified sentence, a judge must let you withdraw the plea if the judge does not give you that specified sentence. A plea bargain is a contractual agreement, and the state is not relieved of its end of the bargain simply by you being late. However, in CA there is something called a Cruz waiver, and it sounds like there is something similar in NY. It is an agreement made in open court between you and the judge that the judge will let you stay out of jail until your sentencing, but in return you agree that if you don't show up for sentencing, you will receive a higher sentence. If you had such an agreement, it is questionable whether you violated the agreement by showing up late rather than not showing up at all. What does your lawyer say about why this is not an issue? If your lawyer won't help you, you should appeal your sentence.

 

[paroled]

yes ,ny has a similiar law.its a trigger stated in the initial sentencing date where he states,if you dont show i can sentence you to whatever...he didnt even make that statement!so there was no trigger!

my lawyer plays golf with him and they both decided to scallywag me.
when i opened my mouth.and said your honor i apologize,i called,i came as soon as i could,i wasnt tryuing to disrespect the court,etc etc.

the judge said..mr...lawyer?
mr lawyer said...your onor,i dont know what happened....
in other words f.him modify his sentence!

and that was not true.
the district attorney was shaking her head in disbelief,she hated my attorney but was not going to go against the judge.

any other questions i will answer to clarify it any better too.

the bottom line was my lawyer was suppose to be in another court,and by me being late he had 3 or 4 more cases and judges to answer to,and this was his way of getting even!the judge would have done whatever he asked.

like i said they play golf together dinner etc etc,my lawyer was his...assistant,i forget what their called.for 15 years before he was a legal aid for 10.he basicly cose to be lawyer instead of a judge.he has much respect.and is one of the hottest trial lawyers in ny!i wont say any names.
but a plea bargain costed me alot of cash!

 

[seniorjudge]

yes ,ny has a similiar law.its a trigger stated in the initial sentencing date where he states,if you dont show i can sentence you to whatever...he didnt even make that statement!so there was no trigger!


Wasn't the trigger you not showing up?

Lawyers won't generally make excuses for nonappearance. Even Michael Jackson's million dollar attorney kept his mouth shut the day his client showed up late in jammie bottoms.

So, after reading all your posts, the only person I can see who did anything wrong here was you: "i was late to court".

 

[paroled]

the trigger is called"an enhancement trigger"
which needs to be stated at sentencing.its like a warning . the judge must make you aware that if you dont show up,or get re arrested,the state is no longer held by this promise.
and still they need to let you withdraw your plea i believe.

its not like russian roullette. i take a plea and maybe if the judge is in a bad mood he can give the max or suspend the sentence.

their are obligations on both sides.

i did appeal this and twice was denied.i didnt put any effort into the appeal and had a legal aid type of appeal attorney.he did nothing short of nothing for me.

i had one more appeal but figured if im not paying its going to be a waste of time again.besides ,a few more months im done anyway.

but . the lawyer was unfair and the judge went along with it.bottom line.
long island has the biggest % for overturned sentences in the country!

they constantly CONSTANTLY are illegally sentencing people.here the law is whatever they want it be.the minority is violated everyday.

ahhh bah humbug!lawyers are the biggest criminals ! and i know this for fact.
but the one who violated my rights and screwed me is gonna feel the heat for it.he thinks 3 years of my life is worth 30 minutes of his time? that is sickening.
go see my post im going to write about paying for a plea

 

[stephenk]

"i did appeal this and twice was denied"

how long ago did this sentencing issue happen?

 

[paroled]

why?
its been a number of years.somewhere between 3and7
im paranoid sorry.

theres no statute of limitation on illegal sentencing.my chances for my final appeal expired.i just want to let the lawyer taste his own medicine.

it would be nice if somehow i could sue the attorney for misrepresentation/suffering/illegal sentincing/slander/and whatever else could be conjured up.even if it was just to tourment him for a couple years.although it is truly his snakelike existance which got the sentence ultimatly modified.and denied me my right to his best and honest legal representation and whatever oaths he took for his liscence and bar.

lawyers are low creatures,liars ,sneaks and con artist.they feed on pain and weakness.they play with lives like its a game and think nothing of it.they are truly soul less and are mostly alchoholic to mask their misery.

 

[stephenk]

you have already been denied twice on appeal. what makes you think filing a complaint against your attorney this far into the matter will make any difference?

 

[paroled]

it wont make a difference in any appeal related avenues.
but if i make a complaint to the bar.and the next guy does too...he may just need a new profession..like washing windows on 45th and lexington.

and he needs to be accountable for what he did to me!i will let the law handle it instead of taking into my own hands.

am i wrong?i was decieved and manipulated oversentenced,violated
and robbed of services i payed for too.