How could i get my case re-opened?
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How could i get my case re-opened?
I was party to crime of burgulary plead no contest the co-defendant’s case was dismissed. I am left to pay all restitution but i never stepped foot in the house i was only the driver.
Asked on June 16, 2009 under Criminal Law, Wisconsin
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The general rule is that when you plead guilty to a criminal charge, and that plea is accepted by the judge, you forfeit your right to appeal or "re-open" the plea. However, in some unusual circumstances (such as if the judge makes a mistake while accepting your plea) this rule may be subject to certain exceptions. In order to determine whether an exception applies, you should contact the court reporter's office at the court where your case was pending and order a transcript of your plea and sentencing. Once you have the transcripts, you should bring them to a criminal defense attorney who can review them and determine whether you have any basis to appeal or otherwise "re-open" your plea. However, from the brief facts that you have provided it sounds like, regardless of actual guilt, your co-defendant got the better deal and you will be required to pay restitution in order to comply with what is most likely your probation.
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