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  #1  
Old 02-01-2013, 05:54 PM
yousodumb yousodumb is offline
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Default Taken advantage of by attorney?

Has anyone out there had an attorney tell them (trust me) they would have only a certain amount of prison time and then at sentencing was blindsided by the judge? And then attorney says we have a great chance for an appeal and then $7000 later and only one paragraph by the court of appeals, NO. Such a waste of money and I wonder if I was just naive or do others get suckered into this too?
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  #2  
Old 02-01-2013, 06:36 PM
yourself yourself is offline
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be glad you didn't appeal to SCOTUS - the majority of certs don't get the vote. A lot of appeals get a one line response - we're not going to hear your case.

Remember, it takes a while for a brief to get put together, then a reply from the State, then the rebuttal. All that time, other courts, higher courts, courts who have the power to make a matter moot, are issuing their own opinions. What at one point could look like a great issue can turn into a 1 sentence response from the appellate court based on an opinion from a higher court issued the day the appellate court finally has the ability to fully consider the issue.

Judges can and do blindside both sides here and there. While most don't, a judge can eviscerate a plea agreement, and suddenly the Defendant's doing the max time, or alternatively, next to nothing. Judges call it justice, and it happens, even when you think your plea bargain is completely sewn up.

Further, a Judge can disagree with a jury and enter a directed verdict despite what a jury happens to say.

Did your side get screwed by the attorney? Dunno - strange things can happen in court. Is a 1 paragraph response from an appellate court the basis of an IAC complaint/appeal for your LO? Dunno - it happens to the best attorneys no matter how much work we put into something.
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  #3  
Old 02-01-2013, 09:12 PM
yousodumb yousodumb is offline
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Had to sign "agree not to appeal" for plea agreement but at sentencing, he said judge screwed up, have a good chance of winning. Then nothing...spent 22,000 in total costs and could have had the same with a court appointed attorney...just venting! Retired and needed that money for family.
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Old 02-02-2013, 08:22 AM
fbopnomore fbopnomore is offline
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I'm sorry for what happened to you. I had a very similar experience. My lawyer lied to me about motions and objections that he never bothered to file after saying he already did. I wasted some very serious money, but only had three options remaining to me. Spend even more money on another appeal (with a 5% chance of success), file a complaint against the lawyer with the state bar association, or write the entire mess off as a horrible mistake and move on with my life. The decision about what to do is yours.
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Old 02-02-2013, 11:45 AM
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Quote:
Originally Posted by yousodumb View Post
Had to sign "agree not to appeal" for plea agreement but at sentencing, he said judge screwed up, have a good chance of winning. Then nothing...spent 22,000 in total costs and could have had the same with a court appointed attorney...just venting! Retired and needed that money for family.
there are plenty of great court appointed attorneys out there. You are not assured a better deal, or better lawyering just because you go with a private attorney. Without doing the proper research into an attorney, you may get a crap attorney whether the attorney is court appointed or private, or you may get a great attorney whether court appointed or private.

this forum is where a lot of legal professionals go to help people understand the legal process they are dealing with. Coming here to "vent" about how bad your attorney was isn't the best use of the forum.
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Old 02-02-2013, 12:26 PM
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I spent a lot of money on attorneys threw the years trying to find loop holes to have my son released, hell I mortgaged my house twice. i can honestly say as discouraged as i was that we never won I know at least one of them took our case to heart because she cried with me when it went nowhere. I know she put a lot of time & it costs $ for them to investigate for loop holes, court records, laws, other cases, etc. What it came down to was the judge, later the appeals court and the evidence was just stacked to high against him. It was rolls of the dice for us and now looking back I understand it was my sons fault for putting himself in the situation to begin with. all the money in the world wouldn't have changed it. mary
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Old 02-18-2013, 09:48 AM
deeintx deeintx is offline
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Lawyers can and will promise you the moon just to get you to agree to a speedy plea. Then when it all falls apart in the court room your stuck..OMG do I know this story. Our lawyer even said at the hearing well I kinda promised the family this. Bottom line is noone cares except you and your inmate because well, they did the crime. Our system is sad. May your time pass quickly and your family be in tact after the sentence is completed. I'm stuck in the same hell...God Bless, deeintx
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Old 02-18-2013, 11:55 AM
hopelesslylost hopelesslylost is offline
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Had a very similar experience with my man's attorney. We found out he lied about pretty much everything from the beginning, but didn't find out until it was too late. Now we are stuck at a stand still in appeals court because of this attorney. Basically a never ending nightmare.
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