can i apeal my case ast all for getting informed a lie about the motorcycle.

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can i apeal my case ast all for getting informed a lie about the motorcycle.

i am on house arrest currently in the bay area and i got home late past my curfue is there any way i can or do get a second chance and how, another question is before i took the deal my public defender told me if dont take the deal they will charge me with possesion of a stolen motorcycle since it was in near my girlfriends parking space.

Asked on May 31, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although I do not practice in California, in Connecticut house arrest is usually coordinated through the office of the bail commissioner.  Therefore, that means that there is a state worker assigned to determine whether or not you have violated the conditions of your supervised release.  In practical terms, what this means is that the decision to give you "a second chance" first lies with the state worker assigned to monitoring your case.  He or she may overlook the violation, or they may decide not to violate you for a multitude of reasons.  Since you do not specify whether the state has decided to take action with respect to your alleged violation, it is too early to tell whether you will, in fact, need a second chance.  However, assuming that you are violated for breaking curfew, it is possible that a skilled attorney will be able to argue that the monitoring device malfunctioned and/or was somehow otherwise unreliable.  I know that in Connecticut, recently, a defendant successfully made that argument.  However, doing so will probably involve hiring both an attorney, as well as an expert who can testify as to the unreliability of the electronic monitoring device. 

Unfortunately, you will need to provide more information for me to respond to your second question.  For example, what is your specific question with regard to your prior plea negotiation?  Are you trying to appeal it?  Or, are you trying to use it as leverage with respect to your present curfew violation?  An attorney would need these questions answered before giving you any further advice.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Second question first:  I very much doubt that you can do anything about your plea deal now, unless it was very recent.  And in most courts, the fact that you were threatened with prosecution for another charge, that either wasn't brought or was dropped as part of the deal, but which wasn't true to begin with, isn't even close to an excuse for going back on the deal.  Motions to withdraw a plea like this are very hard for even experienced lawyers to win, and you need to discuss all the facts of your case and the plea deal with one in your area, if you want to go forward with this.  One place to look for an attorney is our website, http://attorneypages.com

As far as breaking your curfew goes, I'm not a California lawyer and I don't know the details of your program.  In general, I'd show some very serious and real I'm-sorry and have a very good true excuse.


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