I had two clients today for motions to vacate.
One walked into court in 1995 and pleaded guilty to OUI at arraignment with no lawyer. The other pleaded guilty in 1987 to receiving stolen property.
OUI guy went first. I argued to the judge that when he waived counsel that his waiver was not knowingly and voluntarily, since he did not know that by pleading guilty he was forfeiting Constitutional Rights, and therefore he should be afforded a new trial. The DA didn't object, and the conviction was vacated. The DA them moved to dismiss the charge since they could not possibly prosecute a 25 year old case. Dismissed. He had a LTC many years ago, but he lost it when the law changed in 98 (I think?) He's had an FID card ever since. Monday he'll apply for his LTC.
Second was a guy who's lawyer told him to plead guilty and pay a fine. He did. Then he learned that he couldn't get an LTC, so went the the FLRB for relief. He got the relief, but the FRB changed their mind and denied his renewal. I argued that his lawyer was ineffective for not pointing out to him that a guilty plea would forfeit Constitutional Rights, and that if he had been an immigrant and his lawyer failed to warn him of the immigration consequences of his plea, the conviction would almost certainly be vacated due to ineffective assistance of counsel. The DA didn't object, and the judge vacated the conviction. The DA moved to dismiss the charge, as they could not prove a 33 year old case, and the judge dismissed. It helped that he had a letter of reference from the chief who denied his LTC.
I had a good day.
One walked into court in 1995 and pleaded guilty to OUI at arraignment with no lawyer. The other pleaded guilty in 1987 to receiving stolen property.
OUI guy went first. I argued to the judge that when he waived counsel that his waiver was not knowingly and voluntarily, since he did not know that by pleading guilty he was forfeiting Constitutional Rights, and therefore he should be afforded a new trial. The DA didn't object, and the conviction was vacated. The DA them moved to dismiss the charge since they could not possibly prosecute a 25 year old case. Dismissed. He had a LTC many years ago, but he lost it when the law changed in 98 (I think?) He's had an FID card ever since. Monday he'll apply for his LTC.
Second was a guy who's lawyer told him to plead guilty and pay a fine. He did. Then he learned that he couldn't get an LTC, so went the the FLRB for relief. He got the relief, but the FRB changed their mind and denied his renewal. I argued that his lawyer was ineffective for not pointing out to him that a guilty plea would forfeit Constitutional Rights, and that if he had been an immigrant and his lawyer failed to warn him of the immigration consequences of his plea, the conviction would almost certainly be vacated due to ineffective assistance of counsel. The DA didn't object, and the judge vacated the conviction. The DA moved to dismiss the charge, as they could not prove a 33 year old case, and the judge dismissed. It helped that he had a letter of reference from the chief who denied his LTC.
I had a good day.