Re: Can a plea bargin be withdrawn after sentencing?

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Posted by duffey on March 24, 2003 at 18:37:03:

In Reply to: Can a plea bargin be withdrawn after sentencing? posted by Duffy on March 24, 2003 at 18:35:36:

: My Son was "ill" informed by his Attorney and accepted a 9 year plea bargin on a robbery he committed while under the influence of a state issued antidepressant for depression. While in prison it was discovered he was misdiagnoised, he is "bipolar". He was issues a court order for a Dr. to appear on his behalf, but our Attorney neglected to issue the order (2x), so no expert appeared to explain medically about my son's disorder. Our Attorney said he refused to help us because we filed a complaint against him with the state bar. Today he was forced to accept the 9 year plea which was based of a prior that he believes should not exist. Can he withdraw his plea or request a modification of sentence?

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: : My Son was "ill" informed by his Attorney and accepted a 9 year plea bargin on a robbery he committed while under the influence of a state issued antidepressant for depression.  While in prison it was discovered he was misdiagnoised, he is "bipolar". He was issues a court order for a Dr. to appear on his behalf, but our Attorney neglected to issue the order (2x), so no expert appeared to explain medically about my son's disorder. Our Attorney said he refused to help us because we filed a complaint against him with the state bar. Today he was forced to accept the 9 year plea which was based of a prior that he believes should not exist. Can he withdraw his plea or request a modification of sentence? 


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