Michigan  |  Criminal Law

Legal Question

Asked on: 6/15/12, 1:31 am

I took a plea deal without knowing the full ramifications of what I was doing. I later learned the police lied in the police report in order to make the charges what they were. I also feel the initial stop and arrest were not entirely legal. What can I do?

2 Answer

Answered on: 6/15/12, 1:38 am by Joseph Vredevelt

If you only took the plea a short while ago you can file a motion to vacate the plea. The problem is that when you take a plea you are agreeing to the facts in the arrest report. If you now only regret taking a plea because of collateral problems like loss of job or drivers license the courts typically do not vacate pleas because of those types of issues. As for the stop and arrest, you waived the right to argue a constitutional motion when the plea was taken. You should contact an attorney who can look at your specific case and see if it is capable of being overturned and give you another chance.

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