Legal Question in Criminal Law in Oklahoma

plea of guilty summary of facts never was filed with court clerk

My husband is incarcerated in OKDOC. After arriving at the assessment and reception center, he learned he had a trafficking conviction. He did not sign anything that said trafficking on it and was not advised by his attorney (who told me, recently, that he would never have had him plea to a trafficking charge, to get back with him on Mon., then blew me off. See, he couldn't locate his file). No one seems to have a copy of the Uniform Plea of Guilty Summary of Facts. A girl at DA's office check w/court clerk-seems there was never one filed. Also, no transcript of the Plea. Nothing in his case constitutes trafficking. Is he illegally incarcerated? And, if so, what should I do? By the way, this county is very corrupt, all the way up. Where do I go for help that I can trust to do the right thing? With this charge, he's looking at 8 year, at least. He knows he broke the law and has to pay. But not for something he didn't do, much less, agree to! Please advise.


Asked on 4/17/04, 2:29 am

1 Answer from Attorneys
Chad Moody

Re: plea of guilty summary of facts never was filed with court clerk

If there is no plea of guilty and summary of facts, he is illegally incarcerated. That set of circumstances would amaze me. While you are right that this county is very corrupt, the corrupt actors are rarely stupid enough to incarcerate without a J&S. Give me a call at the office and we'll try to figure it out. If he pled within the past 2 weeks or so, the J&S might be "missing" because it is being microfilmed. If there is no J&S, a writ should spring him. And BTW, if he was convicted of trafficking, he's looking at a 10 year minimum sentence. Call me at the office ((405)231-4343)and we'll sort through things.

Sincerely,

Chad Moody

Read more
Answered on 4/17/04, 6:18 pm


Related Questions & Answers

More Criminal Law questions and answers in Oklahoma