This question involves a charge in the state of Tennessee
I had a felony charge that the officer never gave me leveraged against me in an attempt to force a plea agreement. I told my lawyer I didn't have the felony charge, the officer confirmed to me he haddnt charged me with felony evading , and the arrest records showed he didn't either. When I was in the jail and the magistrate reviewed my charges he assumed it was the felony version and upped the bail amount accordinly. He thought the officer had made a mistake on his paperwork. From there due to the huge price difference between the bail for the felony version and the misdemeanor version I could not get out of jail. My lawyer said it would take awhile to figure out what the officer charged me with so with that, the jail not giving me my insulin properly for close to month , and driving on a suspended pending the DA said they would reduce my felony charge in exchange for probation. However there was no actual charge to reduce. The officer is on body cam saying he didn't charge me with that crime, the criteria needing to be met in this state for evading to be a felony wasn't met because he wasn't chasing the car or initiating a stop yet. I left the car after stopping it some ways up the road. The officer had followed so slowly I was able to get half a mile away from him on foot before he even reached my passenger still in the vehicle.
Can the plea agreement be invalidated if the charge that was reduced down to the charge that was the actual charge all alone was the sole reason for the plea? And can a charge that's not present be used as leverage? I'm not asking if they can threaten you with an upped charged but if they can use a charged from a clerical error as leverage?
I had a felony charge that the officer never gave me leveraged against me in an attempt to force a plea agreement. I told my lawyer I didn't have the felony charge, the officer confirmed to me he haddnt charged me with felony evading , and the arrest records showed he didn't either. When I was in the jail and the magistrate reviewed my charges he assumed it was the felony version and upped the bail amount accordinly. He thought the officer had made a mistake on his paperwork. From there due to the huge price difference between the bail for the felony version and the misdemeanor version I could not get out of jail. My lawyer said it would take awhile to figure out what the officer charged me with so with that, the jail not giving me my insulin properly for close to month , and driving on a suspended pending the DA said they would reduce my felony charge in exchange for probation. However there was no actual charge to reduce. The officer is on body cam saying he didn't charge me with that crime, the criteria needing to be met in this state for evading to be a felony wasn't met because he wasn't chasing the car or initiating a stop yet. I left the car after stopping it some ways up the road. The officer had followed so slowly I was able to get half a mile away from him on foot before he even reached my passenger still in the vehicle.
Can the plea agreement be invalidated if the charge that was reduced down to the charge that was the actual charge all alone was the sole reason for the plea? And can a charge that's not present be used as leverage? I'm not asking if they can threaten you with an upped charged but if they can use a charged from a clerical error as leverage?
Plea Agreement Based Off of Non Existent Charge from Clerical Error
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