Can I retract my plea in a Delaware forgery criminal case? Posted on January 20, 2011
I took a plea yesterday to forgery 2nd in superior court in Delaware. Now my issue is, the plea ended up being my third felony, which now qualifies me a habitual offender. Also I'm on federal probation and told my attorney that a felony conviction would get me violated. Now my attorney told me that if we had went to trial I had no chance on winning and the plea was my only option. Now, I informed him that I didn't mind a plea if we could get a misdemeanor. He said that a misdemeanor was out the window. So as we were in front of the Judge he tells the Judge that the original plea was a misdemeanor. I don't mind the sentence which was 1 year in prison suspended for one year on level 2 probation (report once a month for a year). Can I get my charge changed to a forgery 3 (which is a misdemeanor) and the original plea? I was thinking maybe on the grounds of ineffective counsel, since my attorney wasn't in my best interest.
Click to View More Answers: