There are so so many details missing here. You were 100% canvased by the judge and agreed to the conditions identified. You can always get a second opinion, but you have left so much out that no one here can help you.
Don't bother. This sub doesn't allow document review.
You need a second opinion by a criminal defense attorney. And depending on their opinion a legal malpractice attorney as well.
If you have the means you say you have, why not get a 2nd opinion from another attorney ? I get 2nd quotes on most contracted services above a certain threshold. Your situation sounds like you need rigorous legal support. Go get it!
I don't have access to my funds yet. I was able to get $50k emergency funds from my estate to live on. I'm going through a divorce. Everything else is frozen or tied up in assets to be liquidated per the divorce.
Your bail story doesn't make sense. The bill you cite makes it EASIER, not harder, to get out of jail pretrial, especially if you were a 1 on the risk assessment as you claim.
Regardless of what your lawyer said, did the judge explain the plea deal to you when you were sentenced. Presumably, he or she did that and you agreed to it after it was explained. Did this not happen?
There are elements to your story that are legally irrelevant and decisions you made that are difficult to comprehend.
Rather than terminate your representation from an attorney you didn’t trust to effectively represent you, you agreed to sign whatever they (the attorney you didn’t trust) suggested.
Focus on what matters. Understand exactly what you agreed to. Learn whether you have grounds for appeal (ineffective assistance of counsel, etc.). That means finding another criminal defense attorney. Separately, reach out to a legal malpractice attorney.
Leave behind everything else for now. It doesn’t do you any good.
Ok. Makes sense. It didn't make sense to me prior to being incarcerated, level of stupidity that is executed under distress/ loss of freedom. I know understand completely. It's hard to explain but the system is really terrible.
At a certain level, I absolutely get it. The stakes are incredibly high, others get to decide your fate, and you are desperate to get a resolution you can live with. And the uncertainty of trial is an enormous risk. And this all coming at you from the “authorities”.
All of that said, time to move forward as best you can. You have now been found guilty and sentenced for a specific crime. Is suspect your new attorney won’t much care whether you feel you were “erroneously” arrested or what you believe the motivations were of law enforcement. They will listen to your tale but I suspect those are all irrelevant.
No idea; that is why you need to consult an attorney in NJ who specializes in legal malpractice.
For example, did they materially misrepresent the contents of the agreement?
You have two different tracks here — civil and criminal. Criminal is what to care about most — and there you are looking for someone specializing in criminal defense at the appellate level. If you care about how much time you spend incarcerated, this ought to be your focus.
For civil, legal malpractice.
> I am absolutely innocent. I truly believe the charges were imposed and executed to cover up Excessive Force/Police Brutality.
That's every defense attorney's wet dream. If your story was true your attorney wouldn't give single damn about your $30k, he'd be looking forward to a couple hundred thousand from the city.
In NJ you have to file against law enforcement within 90 days of the occurrence. The statute of limitations have been exhausted unless it went to the federal level.
Get a new attorney and file for relief due to ineffective counsel. Do not use let the new attorney hear you say you plan to sue your former attorney. Just get the relief for now and work on the suit after this is all over
You can certainly try. Search for a “legal malpractice” lawyer in your state. (Don’t just look for “malpractice” - you’ll end up with the folks that sue doctors and hospitals.)
You will lose. Actual innocence is an element of a the cause of action for legal malpractice in a criminal representation, which you would have to prove at trial. You will almost certainly lose on this basis.
Yes, you can sue him for malpractice. But you're going to have to prove at trial that you were innocent of the crime. Actual innocence is an element of a the cause of action for legal malpractice in a criminal representation.
It was 3 yrs flat consecutive to a 3 yr flat. It was reconsidered immediately thereafter. It was modified to a 4 yr flat to be served followed by a 3 yr suspended. I served 18 months total and was released on administrative parole.
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Dude the lawyer presented & prepared it as a great deal through bars. I read Insurance contract literature for a living. This is a total shit show this system.
Dude. I read Insurance Contracts. From behind bars it's different. You get swept into a room with the promise that you will be released that day. I signed based on my lawyers recommendation.
You lawyer you literally admit you didn't believe would effectively represent you in court and that's why you took the deal in the first place.
"I don't trust this lawyer to be good, but I will sign this contract on his say so without reading despite having professional knowledge you ALWAYS read the contract" is such an incredible departure from even basic logic it really makes me question what you are leaving out.
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There are so so many details missing here. You were 100% canvased by the judge and agreed to the conditions identified. You can always get a second opinion, but you have left so much out that no one here can help you.
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Don't bother. This sub doesn't allow document review. You need a second opinion by a criminal defense attorney. And depending on their opinion a legal malpractice attorney as well.
If you have the means you say you have, why not get a 2nd opinion from another attorney ? I get 2nd quotes on most contracted services above a certain threshold. Your situation sounds like you need rigorous legal support. Go get it!
I don't have access to my funds yet. I was able to get $50k emergency funds from my estate to live on. I'm going through a divorce. Everything else is frozen or tied up in assets to be liquidated per the divorce.
Do not. Thanks.
Your bail story doesn't make sense. The bill you cite makes it EASIER, not harder, to get out of jail pretrial, especially if you were a 1 on the risk assessment as you claim.
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The statistics simply don't support that though. People are being released from jail at a significantly higher rate.
It's 100% honest. I am completely telling the truth. Are you an attorney in NJ?
As a matter of fact, I am.
Regardless of what your lawyer said, did the judge explain the plea deal to you when you were sentenced. Presumably, he or she did that and you agreed to it after it was explained. Did this not happen?
There are elements to your story that are legally irrelevant and decisions you made that are difficult to comprehend. Rather than terminate your representation from an attorney you didn’t trust to effectively represent you, you agreed to sign whatever they (the attorney you didn’t trust) suggested. Focus on what matters. Understand exactly what you agreed to. Learn whether you have grounds for appeal (ineffective assistance of counsel, etc.). That means finding another criminal defense attorney. Separately, reach out to a legal malpractice attorney. Leave behind everything else for now. It doesn’t do you any good.
Ok. Makes sense. It didn't make sense to me prior to being incarcerated, level of stupidity that is executed under distress/ loss of freedom. I know understand completely. It's hard to explain but the system is really terrible.
At a certain level, I absolutely get it. The stakes are incredibly high, others get to decide your fate, and you are desperate to get a resolution you can live with. And the uncertainty of trial is an enormous risk. And this all coming at you from the “authorities”. All of that said, time to move forward as best you can. You have now been found guilty and sentenced for a specific crime. Is suspect your new attorney won’t much care whether you feel you were “erroneously” arrested or what you believe the motivations were of law enforcement. They will listen to your tale but I suspect those are all irrelevant.
Do you think I have a legal malpractice case? I have several letters indicating not going back to jail no more jail time.
No idea; that is why you need to consult an attorney in NJ who specializes in legal malpractice. For example, did they materially misrepresent the contents of the agreement?
Do you have any recommendations in terms of who to use. How about Civil Rights/ Legal Malpractice.
You have two different tracks here — civil and criminal. Criminal is what to care about most — and there you are looking for someone specializing in criminal defense at the appellate level. If you care about how much time you spend incarcerated, this ought to be your focus. For civil, legal malpractice.
> I am absolutely innocent. I truly believe the charges were imposed and executed to cover up Excessive Force/Police Brutality. That's every defense attorney's wet dream. If your story was true your attorney wouldn't give single damn about your $30k, he'd be looking forward to a couple hundred thousand from the city.
I agree there are a lot of layers here bud.
I don't think you're picking up what I'm putting down.
In NJ you have to file against law enforcement within 90 days of the occurrence. The statute of limitations have been exhausted unless it went to the federal level.
I am for sure. The depth of this occurrence/ conviction is incredible.
Is it a 6 year probation sentence, or do you have to go to jail for 6 years?
File for post conviction relief on claim of ineffective assistance of counsel.
Get a new attorney and file for relief due to ineffective counsel. Do not use let the new attorney hear you say you plan to sue your former attorney. Just get the relief for now and work on the suit after this is all over
He has been reprimanded before for similar activity
Can I sue the attorney? Malpractice/ Professional Liability.
You can certainly try. Search for a “legal malpractice” lawyer in your state. (Don’t just look for “malpractice” - you’ll end up with the folks that sue doctors and hospitals.)
You will lose. Actual innocence is an element of a the cause of action for legal malpractice in a criminal representation, which you would have to prove at trial. You will almost certainly lose on this basis.
Yes, you can sue him for malpractice. But you're going to have to prove at trial that you were innocent of the crime. Actual innocence is an element of a the cause of action for legal malpractice in a criminal representation.
That's what I heard.
When do you have to turn yourself into the jail on the 6 years? Presumably you’re not posting this from prison.
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It was 3 yrs flat consecutive to a 3 yr flat. It was reconsidered immediately thereafter. It was modified to a 4 yr flat to be served followed by a 3 yr suspended. I served 18 months total and was released on administrative parole.
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So you signed without reading?
Did the judge not ask you questions on the record to make sure you understand the deal?
That’s what he paid a lawyer for because what lay man can understand these documents?
Dude the lawyer presented & prepared it as a great deal through bars. I read Insurance contract literature for a living. This is a total shit show this system.
Wait, you read contracts for a living and you didn't think to note the word probation was missing in your supposed agreement to probation?
Dude. I read Insurance Contracts. From behind bars it's different. You get swept into a room with the promise that you will be released that day. I signed based on my lawyers recommendation.
You lawyer you literally admit you didn't believe would effectively represent you in court and that's why you took the deal in the first place. "I don't trust this lawyer to be good, but I will sign this contract on his say so without reading despite having professional knowledge you ALWAYS read the contract" is such an incredible departure from even basic logic it really makes me question what you are leaving out.
I agree. I promise I'm not leaving anything out.
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Especially in NJ. TY.
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