If a waiver for speedy trial was signed...?
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If a waiver for speedy trial was signed...?
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I was in court and the judge asked me how I plea for my charges, i plead guilty and then she asked me to choose the options for my sentencing. I had no clue what to choose, so she refers me to the lawyer and then the state attorney said i meet the criteria for pretrial diversion so i accepted. When i accepted for pretrial diversion a waiver for speedy trial was announced in open court and later signed. I have to go back to court after PTD, so my question is, will I be asked again how i plea? Is my guilty plea still valid? Can my record still be expunged? what do i do, i had no idea back then,
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Thank you all for your answers, i can now breathe. I was affraid my whole life was going to be put on pause for years.
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Dean
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I have been awaiting trial on a charge in Yamhill County for going on three years. I originally signed a waiver to delay the speedy trial, but it keeps being delayed. Some of the delays were requested by my attorney, but some have been by the state. Am I supposed to have signed a waiver each time the trial was delayed? What if my attorney did not have me sign a waiver each time. What is my recourse? |
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Discipulo legis, quis cogitat?
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Your pre-trial diversion is like a deferred sentencing. What happens is that you serve your probation before you are sentenced in accordance with your agreement. Should you successfully complete your probation/community service, the prosecution will withdraw the charges. Your probation officer will give you a letter, which you must take to a hearing for expungement, unless your state has an automatic expungement process. You can only expunge your record after you have completed your PTD.
Because you aren't having a trial and the charges are still pending against you, you must waive your right to a speedy trial. If you fail in your agreement for PTD, the deal is over and the officer will be called in a trial against you. You waive your speedy trial rights so that the state is not at a disadvantage for entering into this agreement with you. The moment that the PTD agreement is withdrawn, speedy trial limits begin to accrue however.
Technically, you have not pleaded guilty, you have accepted a plea bargain whereby you agree to PTD. If you complete your PTD successfully, you should be able to get your record expunged and it will be as if nothing ever happened.
If you fail your PTD, you will have to enter another plea. Normally, pleas may not be withdrawn except for good cause and before a sentence has been imposed. Because it sounds like you were not given the opportunity to speak to a defense lawyer before entering your plea, this would be good cause. You have a 6th amendment right to an attorney for felonies and usually your state will grant you a right to an attorney if you have a probability of a jail sentence. This would mostly depend on your local court rules. |
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rickinnocal
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"I have to go back to court after PTD, so my question is, will I be asked again how i plea?"
No.
If you complete the PTD, then the charges will be dropped, and you will not be charged at all.
"Is my guilty plea still valid?"
If you screw up during PTD then you will be tried on the original charges, and your guilty plea is still on file and will be accepted, and you will be sentenced.
"Can my record still be expunged?"
If you successfully complete PTD you will have no conviction to BE expunged. The charges will be dropped and your record will indicate that you were never even tried on the charges.
"what do i do"
Keep yourself out of trouble. PTD is an opportunity to "Get out of jail free" with NO long term consequences at all. Don't blow it.
Richard |
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Songbyrd JPA ✡ Jewish Lawyer
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Your plea will stand until you complete the PTD. Once you do, you can withdraw your plea, and the charges will be dismissed. No need to expunge, you will be free and clear.
Edit: In California, if you plead and get deferred, if you fall out of diversion, you will be sentenced on your plea. As I said above. if you complete, you get to withdraw. You will not get a chance at a trial. In the old days, you did, but not the last 10 years. |
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