Criminal Law

questions & answers

Question: if i ask my attorney for a mitigation packet to be done and she only looks at some of my background, and only prepares a deviation to present to the prosecutor,and he denies it, what can i do. i have already signed a 5 year plea, but im not happy with the representation of my counsel. what can i do to change my plea agreement, and get new counsel?

Answer: With respect to mitigation evidence, that would be presented at a sentencing in your situation. It could have also be presented in the deviation request to the prosecutor. Without specific knowledge about your case, priors, the plea agreement negotiation process and other factors, I cannot advise regarding whether or not you should keep the plea agreement or attempt to withdraw. You can certainly request new counsel, and there needs to be a basis for the request for new counsel that the judge would agree with if it was affecting his/her representation of you and your right to due process.

QUESTIONS

  • if i ask my attorney for a mitigation packet to be done and she only looks at some of my background, and only prepares a deviation to present to the prosecutor,and he denies it, what can i do. i have already signed a 5 year plea, but im not happy with the representation of my counsel. what can i do to change my plea agreement, and get new counsel?

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