My question involves criminal law for the state of: Georgia
I was charged with destruction of property after my ex-boyfriend accused me of damaging his motorcycles and a few other items. I had a public defender. It was revealed that the ex obtained a false estimate and submitted it to the court as a "work order" and that there were no actual damages to his motorcycles. I was offered a plea deal for a reduced charge of trespassing. I accepted. I was pressured into accepting the deal even though I wanted to go to trial knowing he lied about it all and there was essentially no proof. My attorney and her supervisor insisted I would lose and that there is video evidence that is very damaging and several more scary reasons why I should take the deal so I believed them and took it.
I was never able to see the video evidence despite my repeated requests and was finally able to obtain a copy of it a full week after I accepted my plea. I am not shown damaging a single item, nor am I shown anywhere near the items the ex claims I damaged. I would have absolutely insisted on a trial if I had seen the video which is why I believe my attorney prevented me from seeing it. Additionally, a witness came forward literally on the day I was pressured into taking the plea and was willing to testify that there were no damages to anything and she was on the property the day of and an entire week after the alleged incident took place.
How likely is it that I will be allowed to withdraw my plea? The motion was filed 17 days after the plea and within the term of court. There is a hearing date set. I know it's very difficult, however, I firmly believe my constitutional rights were violated when my attorney did not allow me to see the video evidence. Had I seen that, I would not have taken the plea. Additionally, the witness that emerged was exculpatory evidence and would have greatly assisted in a favorable outcome at trial.
Thank you in advance.
I was charged with destruction of property after my ex-boyfriend accused me of damaging his motorcycles and a few other items. I had a public defender. It was revealed that the ex obtained a false estimate and submitted it to the court as a "work order" and that there were no actual damages to his motorcycles. I was offered a plea deal for a reduced charge of trespassing. I accepted. I was pressured into accepting the deal even though I wanted to go to trial knowing he lied about it all and there was essentially no proof. My attorney and her supervisor insisted I would lose and that there is video evidence that is very damaging and several more scary reasons why I should take the deal so I believed them and took it.
I was never able to see the video evidence despite my repeated requests and was finally able to obtain a copy of it a full week after I accepted my plea. I am not shown damaging a single item, nor am I shown anywhere near the items the ex claims I damaged. I would have absolutely insisted on a trial if I had seen the video which is why I believe my attorney prevented me from seeing it. Additionally, a witness came forward literally on the day I was pressured into taking the plea and was willing to testify that there were no damages to anything and she was on the property the day of and an entire week after the alleged incident took place.
How likely is it that I will be allowed to withdraw my plea? The motion was filed 17 days after the plea and within the term of court. There is a hearing date set. I know it's very difficult, however, I firmly believe my constitutional rights were violated when my attorney did not allow me to see the video evidence. Had I seen that, I would not have taken the plea. Additionally, the witness that emerged was exculpatory evidence and would have greatly assisted in a favorable outcome at trial.
Thank you in advance.
Trespassing: Attempting to Withdraw Plea
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