Legal Question in Criminal Law in Minnesota

Convicted by unchallenged allegations/ drug coverup

I have lost faith in the judicial system in this country. I discovered prescription narcotics in my name and several others names at a woman which I had been dating. The woman worked at a doctors office as a receptionist. After discovering the medications I called her and informed her I was intending to notify the doctor of my discovery and how she was able to obtain these narcotics in my name. The woman threatened me that she would ruin me and she knew exactly how she would go about it if I did not drop it and give her the drugs back. I did not take her serious until the police called questioning me about burglarizing her home and harrassing her. She immediatly filed a OFP preventing my notifying the doctor of this activity. I called a attorney that a close friend recommended, he said don't worry that it would come out fine and not to worry. I retained his counsil with no knowlege of his connection with the doctor. It turned out he uses this doctor as an expert witness in medical related cases as the doctor is a leader in this country in his field. At the OFP hearing I was charged with felonies of burglary 1st degree and pattern of harrassing conduct and theft. I followed the attorney's ill advice and accepted a Plea. Lifeisover!


Asked on 12/26/05, 11:23 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Convicted by unchallenged allegations/ drug coverup

That is a sad story, indeed. Your mistake, of course, was your failure to challenge the charges and your guilty plea. Since you claim "actual innocence," at this point the only way I am aware of trying to undo the conviction would be to make a motion to the court to withdraw your guilty plea. Those are difficult to make and win, and so, are costly with few being successful. But, that would be the only way I know of to truly have a chance at being vindicated as innocent. If the judge allowed your withdrawal of your guilty plea, you would be able to start over defending against the criminal charges.

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Answered on 12/27/05, 12:02 pm


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