My brother pleaded guilty because his lawyer told him to, is there anything he can do now?

Question

His lawyer said they had a deal with the prosecutors for only one year, of which he could spend on probation. When the judge gave him 6 years for his first ever problem with the law, his lawyer told him that the prosecutor lied. This was a making of meth charge, and it was his wife who made the meth. She was the addict, not Milt. She got 3 years from the same judge because he felt sorry for her. She had a terrible upbringing, etc. Milt and she had only been married a year when this went down. She actually had him convinced that she had Lupus and the only way she could get through her days was with Meth. This man, even though a prison gaurd, knew nothing about Meth. He believed for a whole year that when he took her to the doctors office she was being helped, while she would run out the back door and go to her dealers. This is a May/December romance, Milt being 20 years older, and no match for an addicts many cons. When we tried to tell him there was something wrong with her he would say she had a terrible upbringing and an abusive husband, blah, blah, blah. She has a 14 year old daughter that Milt wanted to be able to come live with them so that they could be a family, but this woman didn't want her. Milt, the judge, the lawyer and the P's were all conned. Does Milt have any recourse from doing what his lawyer told him to and then being railroaded? He doesn't do Meth, or drugs of any kind, he just fell, (Mid-life Crisis?) for the wrong woman. His two children, ages 21 and 23 are just heartsick, everyone who knows and loves him is.

Answer 1

Never admit to something you didn't do. It is better to spend time in prison and be exhonerated than to admit a crime you didn't commit. you deal with lawyers, you pay.

Answer 2

He has thirty days to withdraw his plea, based upon what you said he was offered. A plea should be in writing. If its a open plea say 2 , 3 or 6 years and the court gave him the upper term thats a illegal sentence ( refrence Cunningham) The court has to in the record state why its the upper term.

If he just did this, he should have no problem withdrawing his plea and going to trial.  

Answer 3

A judge is also an imperfect person. One was found to be using a "personal" pump even while court was in session.

This decision can be appealed, if the funds are available.

A lawyer can advise a client, but he/she can't command him. Some defendants have the hunch that pleading guilty isn't the thing to do, so some refuse. In those cases the lawyer then has to work around it and find a different strategy.

Answer 4

Every state has some post-conviction procedure for asserting ineffective assistance of counsel.  It is a long shot.  In all likelihood, what he bargained for was the recommendation of the prosecutor, but when he pleaded guilty the judge informed him of the true possible consequences and that the court would be deciding the sentence.  If that is so, then he would have to convince the judge that he thought the judge was lying and that the fix was really in for a specific sentence.  There are a few lawyers that specialize in post-conviction work.  Go to the local court house and ask around to find out who they are.

Answer 5

I would think his only recourse would be to petition the court to withdraw his plea, citing the "incompetent advice from his attorney," an ask for a new trial and attorney.

Answer 6

from a lawyer. i would get an appeal. take it back to court. get a different lawyer. if your brother has been clean he should no way get 6 years for a first offense.