ChopTop Posted January 18, 2011 Report Share Posted January 18, 2011 Ok for people that want the main point of my post my question is this, I plead no contest to a misdemeanor, I get sentenced in 6 days, I have a court appointed atty, Am I able to change my plea to not guilty fire my lawyer get a new court appointed atty and go to a jury trial? I was arraigned on nov 1st. Now for the long version. My wife was diagnosed with MS in september of last year, my mother had a heart attack, the triple bypass surgury and followed that up with a pair of strokes during september as well. My oldest daughter began the the teen challenge program 2 months prior to all this. Not for any drug and alcohol issues she just had no direction in life. Thes events have been difficult for my youngest 14yr old. She has been a major problem. At the end of october the police arrived to my house and questioned me about 2 quarter sized bruises on her chest. At first I thought it was for my caregiver status but no, she states that I pushed her into a bathtub when I did not. The police asked a bunch of questions and in the end even as cps was there they didn't arrest me. We had daughter stay with some friends from church overnight and then she came home the next day. 4 days later I got a call saying I had a warrant out for my arrest. I tore my room down and turned myself in. At arraignment I was asked if I could pass drug test before bail was set I said yes, failed on the marijuanna, went back before thwe judge and I told him I didn't lie I have a mm card, he said it don't matter and then he doubled my bond from 2 to 4000 dollars. Then set a date for me to come in some time later in the month to drop again. I didn't stop smoking cause I thought I would win in prelim 2 weeks later. Boy was I naive. Fast forward to prelim and prosecuter went forward with case cause I had a previous assault and battery case 15 years ago which was a case of mistaken identity, they thought I was the perp and I ran out the back door cause I was drinking and had a bench warrant out, the real legit charge was resisting an officer, it got plead down to assault and 2 weeks later I was out of jail no probation no nothing. So they are going forward with case, I then at prelim got a court appointed attorny who stated att the prelim I WOULD NOT win a jury trial, I said we are going to trial anyways I'm innocent. Then he gives me police report which is 90% lies,such as I don't feed her dinner (she is over 200(lbs) states that I drink a lot, I don't, states that I have beaten my dog so bad he bit me 3 times, the dog is 150lb lab/rott mix and he has never bitten anyone, and the lies go on and on. The report made me look like a monster and I can see why the prosecutor picked up the case. I was set to start trial jan 5th. In the meantime back to the drug test I "Failed to appear" cause I knew I was dirty and getting locked up if I did go. Dumb on my part I know. By the time middle of december came I was a broken man. My daughter DID come to me and apologized for all the lies on the police report but was still sticking to the idea I pushed her, we made up despite of that. No I have lost my job, I spent all the money I had just living cause I had a no contact order and couldn't go home. I broke the no contact and went home anyways as I was basically homeless with no where to go. 1 week later the police show up as they got wind I was home and I was arrested for breaking no contact clause of my bond and failure to appear. I do 20 days in jail, at this time daughter is getting worse and worse, no male figure in house and now she if more defiant to her mother than ever and she is lying on a more regular basis from big things to petty things. I didn't care about being in jail because I was homeless anyways, so stay in jail and win this jury trial. Through cps daughter was evaluated and they said she was changing stories and lying there too. I'm like great the more people she lies to, the more trouble she gets into at school will help me on my jury trial. The 5th of january comes, pretrial time, getting ready for next step in jury selection. My court appointed further states WE WON'T WIN A JURY TRIAL. He says the jury will be blue haired old ladies and I won't win. But he says in exact words "I get paid a 100 bucks an hour so if you wanna do it we can". I yell at him THIS IS MY LIFE MAN, YOU ARE ALREADY RICH! Let's go to trial.... He leaves a moment and comes back and says "if we win the jury trial the prosecuter will file charges against your daughter for perjury and filing a false police report and she will do 90days in juvy". I said let's do it cause she is only 14 and this may be a good wake up call for her and she may change her ways, I also stated that I believe she will only do a few days anyway which is fine with me she SHOULD be punsihed for basically ruining my life. He leaves again and comes back stating the prosecuter says she will do 90days full... now I am distraught, I feel like the prosecutor only wants a victory and refuses to see this injustice. My fatherly mercifull side kicks in and I feel that 90 days is to long, and that being around a bunch of other unruly kids will only make her worse off. I wasn't able to talk to my wife, this all happened so fast, I told the lawyer I will never admit to this I didn't do it. He says plead no contest and you be released from jail today. Well dang, I caved in for my daughters sake primarily and freedom was the bitter icing on the cake. Judge doesn't sentnce me, instead he asks me about my marijuanna use I told him truth I was medicating the day of my arrest, he pospones sentencing for the 25th so I have 35 days to clean up. A side note is that this case feels more about my marijuanna usage than my actual case of domestic violence. So I go back to jail, I DON'T get released, I plead no contest and the snake lawyer lied to me cause I broke my bond on the no contact and fail to appear to drug test, stuff that he told my wife the day before but convienently left out at my pretrial. So I got out of jail the next day after I got a new bondsman. Freed now, still can't go home, and now my oldest daughter is on medical leave from teen challenge due to her epilepsy. From that point to yesterday youngest daughter just gets worse and worse, more lies, defiant to mother, abusive to older sister. Then yesterday my oldest daughter calls me crying, saying younger sister punched her in the spine a few times and was also using an extension cord to beat my dog, mom works till 6. Powerless, frustrated, WANTING this to stop I head home to lay down the law, I get a grip on my emotions and call for police escort. In the end my youngest daughter(the supposed victim in my domestic assault case) is arrested and taken to juvenile detention. Saddened at this kid my wife and oldest daughter and I hugging as she is hauled off. I can't take this no more and something has to be done. Me and my wife discuss it and here we are today in agreement that I should try to take back my plea and fight this thing. This arrest of my daugher was last night. Today I call the court and ask if I am allowed to fire my court appointed and get a new one and if. I can change my plea. She stated the judge would allow a new hired attorney but she doubts id get another court appointed. She also didn't tell me if I can change my plea. I'm broke and can't afford a hired attorney, I don't know what my rights are, I only know my lawyer is milking the teat and the prosecuter is holding the bucket. In light of all my families medical problems, my law troubles and my daughters unruliness I'm a broken man in dire straights over this. I can't even medicate and that sucks too. I'm clean almost 30 days now. Can anyone give me any advice on how to proceed forward or is it to late in the game now? I will be on probation for a year no doubt which means no medicating, when I go to sentencing there is the possibilty I STILL won't get to go home with my wife. If it comes to that it will be in MY best interest to just revoke probation and finsih my 90 days and wash my hands of it all. I am under such stress. I feel that the state don't care about justice or my familes medical issues they just want CONVICTIONS. If you can help me make a decision I would greatly appreciate it. Thank you for your time. Quote Link to comment Share on other sites More sharing options...
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.