Withdrawing Plea Due To Misconduct

Summary

To withdraw a plea due to attorney misconduct in Minnesota, draft a motion detailing the misconduct, file it with the court, and request a hearing. Attach evidence of misconduct and prepare a statement for the hearing. Deliver a copy to the prosecutor and ensure all court procedures are followed. Mistakes on paperwork can lead to delays or dismissal, so consider seeking legal aid for review. If facing new charges, challenge them if evidence is insufficient. Minnesota law requires knowing violation of orders, so unintentional contact may be a defense. If attorney issues persist, file a complaint with the Minnesota Board of Public Defense and request a change of counsel.

Full Conversation

Yes.
Great to hear you have evidence. Here are the steps you can take:
- File the motion with the court.
- Attach the evidence of attorney misconduct.
- Prepare a statement for the hearing.
Would you like more details on drafting the motion?
It's so overwhelming
Hey there! It sounds like you're in a tough situation. Take a deep breath. Here’s a little more detail on drafting your motion:
- Introduction: State who you are and the purpose of the motion.
- Facts: Outline the timeline and details of the case.
- Attorney Misconduct: Describe the attorney's actions and how they affected your case.
- Relief Sought: Clearly state that you’re requesting to withdraw the plea.
Would you like help with a template or example for drafting this motion?
No. Can I deliver it to the prosecutor myself?
Yes, you can deliver a copy of your motion to the prosecutor yourself. However, ensure that you also file it with the court and follow the court's procedure for serving the motion to all parties involved.
Would you like more information on the filing process?
If I make any mistake on the paperwork, are they going to dismiss my motion?
Mistakes on paperwork can lead to delays or even dismissal of your motion, depending on the severity. Minor errors might be corrected, but significant mistakes could impact the outcome. Consider seeking legal aid for review.
Would you like more information on legal aid services available in your area?
No... I'm aware. thank you
It sounds like you have a strong case, especially with evidence of attorney misconduct. If you change your mind about needing more detailed guidance or legal aid, don't hesitate to reach out. Best of luck with your motion!
I have another question
Sure, go ahead with your question. I'm here to help!
I was arrested on june *, *. I had my first appearance on Aug *, *. In Sept of *, they added charges sayin that I texted someone that I didn't in July. I was never notified that the charges were added and my question is, why didn't they arrest me when I arrived for my aug * court appearance?
The reason they didn't arrest you during your August * court appearance might be due to the timing of when the new charges were added, which was after your appearance. If the charges were added in September, they likely didn't have the new charges ready by your August court date.
Do you want more information on how to handle the newly added charges?
They were text messages from a textnow number. There is no time or date in the screenshots and they said their investigation could not confirm who the number belonged to.
It sounds like you may have grounds to challenge the new charges, especially since they lack concrete evidence.
- You can argue that the evidence is insufficient.
- Consider filing a motion to dismiss the new charges based on the lack of identifiable evidence.
Would you like more details on how to file a motion to dismiss?
The law in minnesota says that a defendant had to "Knowingly" violate the order. My accuser called my phone and i didn't recognize the number so I answered. They immediately said "I'm sorry, I'm sorry... don't hang up. I dropped the OFP. I just want to see how you and Dallas are doing.". It had been 7 months since we spoke and I honestly didn't know who It was at first. I said "who is this" and she said "How is Dallas doing" and that's when It clicked and I knew who it was. I had to move in 6 days and I told her that and she offered to rent me a uhaul to say sorry and I accepted because I needed it. She spent the next 6 days at my house and on the last night before my move, she texted * and said she was going outside for a smoke and the cops came and got me in my own home.
It sounds like you might have a defense based on the lack of intentional violation of the order. Here are a few points that might help:
- Minnesota law requires that you "knowingly" violate the order.
- Unintentional contact due to not recognizing the caller could be a defense.
- Document all interactions and gather any evidence that shows you were unaware.
Would you like more information on how to present this defense in court?
Her father is the president of the bar association in her home state and two of her brothers are attorneys. I know for a fact that they coached her on how to set me up.
Case Rating: *.
It sounds like you have several complicated issues here. You have potential defenses and evidence of misconduct that could be strong in your favor.
Would you like assistance on how to gather and present evidence to support your claims of being set up?
I know if they pull her phone history from the two weeks prior, there are going to be text logs of them discussing how to do this.
It sounds like you have substantial evidence that could support your claims. Here are some steps you could take:
- Request the court to subpoena her phone records.
- Gather and organize all evidence you already have.
- Prepare a detailed timeline of events.
Would you like more information on how to request a subpoena in Minnesota?
She even texted me when I got out of jail and said "I just want to make sure you are okay. If you need a place to stay you can use my second bedroom."
It appears you have solid grounds for your defense and claims of being set up. Here are the steps to proceed:
- Request a subpoena for her phone records.
- Present the text messages and any other evidence.
- Outline the timeline of events clearly.
Would you like more details on requesting a subpoena in Minnesota?
I have asked my attorney to do that numerous times and they just ignore me.
It sounds like your attorney is not being responsive, which is very frustrating. You can take the following steps:
- File a complaint with the Minnesota Board of Public Defense about your attorney's lack of response and misconduct.
- Request a new public defender from the court.
- Consider contacting legal aid services for further assistance.
Would you like more details on filing a complaint with the Minnesota Board of Public Defense?
The wont even respond to the messages or evidence
It seems like you have a strong case with the evidence you mentioned. Here are some steps you can take:
- Request a change of attorney due to lack of representation.
- File a formal complaint about your current attorney's unresponsiveness.
- Consider self-representing for specific motions if necessary.
Would you like more details on how to request a change of attorney?
I've had * different public defenders. I also believe that my accusers family has contacted the attorneys office in my county and asked them to make sure I get convicted
Given your situation, it's crucial to address the attorney misconduct and ensure fair representation. Here are steps you can take:
- File a Motion for Change of Counsel: Explain the lack of representation and your concerns about potential bias.
- Contact the Minnesota Board of Public Defense: File a formal complaint regarding your public defenders' conduct.
Would you like more information on how to file a motion for change of counsel?
How do I file a complaint with the board
You can file a complaint with the Minnesota Board of Public Defense by following these steps:
- Visit the Minnesota Board of Public Defense website.
- Locate the complaint form or contact information for filing a complaint.
- Clearly detail your issues with the public defenders, including lack of responsiveness and any evidence of misconduct.
Would you like a link to their website or additional details on what to include in your complaint?