Legal Question in Criminal Law in Minnesota

Appeals

I, unfortunately went to court without an attorney.My thinking was it would be the least expensive route , and i wanted to spare my girlfriend any excess stress. I was charged with a misdemeanor, fifth degree domestic assult. I pled to this charge and was sentenced. I was attacked by her, I would take a lie detector test, undergo hypnosis, to prove I am innocent. She hits hard and after numerous hits I grabbed her took her to the ground with a leg sweep. I did this to subdue her, however in the fall her head hit the coffee table. when she saw the blood she panicked. Her screams influenced the neighbor to call the police. The courtroom is a frightening place when alone, and the people you count on to be fair are anything but fair saying if i fight this charge and lose, the penalties would worsen. I occasionally suffer from panic disorder, so i am now catostrophizing my situation and want out of this courtroom. My question would be can I hire an attorney and have a trial after I was sentenced I didnt do what I am being told I did. Now I may actually need anger management


Asked on 1/26/09, 6:52 am

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Appeals

Unfortunately, when you enterer a plea, you waive your right to a trial and to any remedy of appeal.

You can file a Motion to withdraw your plea, but if you have already been sentenced, it is extremely unlikely a court would allow that plea to be withdrawn.

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Answered on 1/26/09, 4:38 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Appeals - Motion to Withdraw Plea

If you pled guilty, then it would be normally be quite difficult to find legal error or grounds for an appeal. Of course it is cheaper not to have a lawyer, but as you now know, far worse in terms of life-long consequences.

Your best hope now would be a motion to withdraw your guilty plea. The fact that you had no lawyer could help with that. These are difficult, and must be filed as soon as possible to have any chance. The longer the delay the less likely a judge would allow you to start over.

Obviously, it will cost more to have a lawyer help you make a motion to withdraw your plea and then defend the original charge, than it would to have fired a good lawyer in the firat place.

FFI: http://www.liberty-lawyer.com

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Answered on 1/27/09, 10:34 am


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