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JenaRae

What can be done after someone signed a plea under duress?

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I know someone that signed a plea of guilt after being told that was the only way they could get a bond, and being incarcerated for half a year. Therefore they wavied their right of a appeal, they were sentenced to 25 years for conspiracy to traffick herion. All help would be greatly appreciated. This was in Wake county, North carolina.

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He'll need to get a lawyer to review all the details of the plea and sentencing.

 

Note that being told that if he doesn’t plead guilty he’ll likely sit in jail for a few months waiting trial is not “duress.” That’s simply being told how things work. A criminal defendant who cannot make the bond that is set (or who doesn’t qualify for bond) sits in jail until the charges are resolved one way or the other. That may mean sitting in jail at least until the trial. For felony cases, that may mean sitting in jail for awhile before the trial actually occurs. Being told that may be distressing to some defendants, but the fact that the information is distressing doesn’t make it duress. Duress is generally some form of physical force or other illegal pressure used to get the defendant to agree to the deal.

 

It was his choice what to do after being advised of all the consequences of the plea by his attorney or by the court. It's not unsual for a defendant who gets a long sentence on his guilty plea to have some “buyer's remorse” later and want to undo the deal he made, hoping for something better. However, if the correct process was followed, he won’t get the plea or sentence changed.

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Yeah, part of your scenario doesn't make any sense to me. If the person "signed a plea", then why in the world would they need "a bond"? Entering a guilty plea ends the case, effectively,,,you don't plead guilty and THEN bond out. So I'm lost there. And I agree with the poster above....what a defendant might consider "duress". the rest of us might call "reality". So unless there was some threat of illegal action or other type of improper coercion, the defendant will not get any relief. Nor should he...

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if the sentance hasnt been served your attorney can withdraw the plea if defendant can prove coihursment under duress.and then you can contact amnesty international for legal assistance because its against even un law and falls under the genieva convention and the entire legal practition might get 25 years.call them

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brian, you'd have to comb through threads quite a long time to come across one from April 2013.  I'll presume you overlooked the timeline (it happens).

 

At any rate, once someone's trial process is done and there's a conviction -- and the system puts a guilty plea under the category of "trial" process -- a person is not in a position to withdraw the plea.  Please don't presume that someone using the word "duress" or "coerced" actually knows what those terms mean in a legal sense v. "I didn't want to", which is not the same thing at all.  (You went off the rails there with reference to Amnesty Intl, the Geneva Convention, the UN and what not, and I don't want any later readers like you getting misimpressions from what they read.)  :) 

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