Oscar told my husband he would call him back because my husband told him he NEVER SIGNED ANYTHING to agree to a guilty plea in the second degree.

Oscar by mistake called my number while I was on the phone with my husband. I told him I had found the papers and he said he had found his. I told him it was THIRD DEGREE. He asked that my husband call him. My husband did but he did not return his call.

I am shocked and puzzled how an attorney could plea without any signature from his client on such matters. I do not know if Oscar forged or added things in after my husband signed the papers but we have our copies.

My in-laws accidently misunderstood me and instead of sending the papers directly from Missouri to Oscar they sent them to me. I made copies of the papers with my husband's signature on them before I overnighted them to Oscar.

Papers were

[8] I declare that no officer or agent of any branch of the government nor any lawyer or any other person; has made any promise to me, or with my knowlege to anyone else, that I would receive a lighter sentence or any other form of leniency by pleading guilty, with the exception that: Bench Probation Fine and Other condition set forth on Exhibit "A" Attached hereto.

11. I know if I calim to be innocent, the court will not accept my guilty plea. I am pleading to the crime(s):

Count No._______________________

Count No.________________________

Count No. (3) As Amended to Criminal Mischief 3 rd Degree.

Exhibit "A" Conditions of Plea
1. The Defendant Pleads Guilty to Criminal Mischief in the Third Degree.
2. State will Dismiss Count 1 and Count 2 and move to Amend Count 3 to Third Degree.
3. Defendant agrees to 18 months Bench Probation.
4 Enhanced fine of $500.00, plus $250.00, and $67.00 Victims Assistance.
5. Restitution has been paid in full by May Trucking. Copies supplied to District Attorney's Office.
6. No further charges filed against ---------- -------- ---- in relation to this incident.

We signed this and he had a place for the Da to sign but never gave us the copy they were suppose to sign.



GFIW

 

I am truly shocked and just do not understand how this could have happened. When I contacted the court today they said that on the electronic records they show that my husband was there in court on the day this sentence was handed out :shock: :shock: No way we only went the first time for the hearing. I am going to get the ALL the DOCUMENTS from court and the hearing. That is if the girl ever calls me back. I will keep calling until I get a response tomorrow.

We are going to speak to some more legal counsel and see what can be done. The time to appeal was 30 days. I know we had a legal and civil right to be represented in court and that did not happen. Time to do some more legal research.

Say Something I know you are reading!

GFIW

 

All I know for certain at this point is that due process for my husband was not there. I am uncertain if we file a suit in the Federal Courts for violation of civil rights if we would be able to use an attorney from any state or not.

This whole thing from the beginning has been a sham from the police officer falsifying his statement to the attorney entering a plea knowing my husband did not agree with it or even know about it. He was denied a trail on the charges brought against him by his attorney and Drivers Legal Aid or even notified of the fact that these charges were the charges that he was going up against at the trail/hearing and once done was still not notified of what occurred nor received any paper work was not told about his license being suspended and therefore drove for almost 60 days on a suspended license without his knoledge. I really need to see the documents and what went down in court. We are SOOO STRESSED RIGHT NOW! Please keep us in prayer!

ORS 135.425 Responsibilities of defense counsel. (1) Defense counsel shall conclude a plea agreement only with the consent of the defendant, and shall insure that the decision whether to enter a plea of guilty or no contest is ultimately made by the defendant.
(2) To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, shall advise the defendant of the alternatives available and of factors considered important by the defense counsel or the defendant in reaching a decision. [1973 c.836 §172]

 

I'm sorry to hear about this, but you will have to excuse me, but what's going on..
I dont understand. Your husband is being convicted of something? None of my business, but how did he get his license suspended? I'm not the dumbest man in the world, but I'm kinda lost here. :shock:

 

Jackrabbit, to save time and space you would need to go back and read her post. Summary: He had a wreck, very minor, left the scene, (it was late none of the businesses were open, no one around but some shady characters who did not identify themselves-turned out they were security gaurds) now Oregon is trying to nail him to the wall. It sounds like with the help of the cops, da, an piss-poor representation, they just might do it. This is so sourreal.
I pray it works out!!

 

I should have also included, he did not leave the area just went somewhere more safe until morning.

 

\
Thank ya. I missed that part, apparently. :?

 

My prayers certainly are extended to you and your family.

I am not an expert on the federal court system and civil rights violations, but I believe the threshold issue is whether a person's civil rights were trampled upon by an agency of the government; i.e., the state of Washington.

Although you and your husband certainly have points of contention about the charges which were filed against him, it seems as though your husband's current predicament rests solely upon his defense lawyer. If, as it seems, he entered an unauthorized plea of guilty on behalf of your husband and/or modified the plea paper(s) after your husband signed them, he has done your husband a grave injustice and perpetrated a fraud upon the court.

I have no doubt you will carefully examine everything which has been filed in your husband's case. If things are as they now seem, you need the assistance of knowledgeable, competent counsel. Unfortunately this probably will be an expensive ordeal.

There is the possibility of filing a motion to withdraw the plea of guilty; which if successful, merely places your husband back into the position of having to defend the more serious charge originally filed against him.

Filing a complaint with the state bar association, or whatever entity is responsible for investigating grievances filed against attorneys in Washington also seems to be foregone conclusion. A malpractice suit may also be advisable.

Your husband is in a serious jam. Unfortunately, in all likelihood, it is going to take a considerable amount of time to get all the relevant issues sorted out and corrected.

In the meantime, your husband's license is suspended (in all states as Idaho officials told you) and therefore he cannot lawfully continue to drive a truck to earn a living.

Another thing to consider. Attempting to withdraw a guilty plea may be a time consuming. However most, if not all, jurisdictions have a mechanism to apply for "limited" driving privileges. These normally include, "to, from and in the course of employment." Since Washington is the jurisdiction that imposed the suspension, it may be that Washington is where your husband would have to apply for limited privileges.

There are many issues to examine, and you need the assistance of competent counsel as you review all options.

Best wishes for a speedy resolution to your husband's problems.

 

GFIW,

So what's going on? Did you find anything out yet?

 

This one, I mean! What's the latest? We're on pins and needles, here!