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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I am a victim of scam, i pleaded guilty to criminal damaged

Resolved Question:

I am a victim of scam, i pleaded guilty to criminal damaged to the job i had sponsored and carried out for a professional scammer. I damaged the job out of the huge frustration and pains the scammer who had made me to believed him too much had caused me. Can my guilty plea be withdrawn six weeks after the judge had gave me a 15 months suspended sentence and to pay a compensation of 4,000euros to my client in 2 years?
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

You have asked if I can continue to wait for an answer to my legal question, yes I can still wait, and don't forget that I am still waiting for your answer. Thanks

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

You are essentially saying that your plea is equivocal. The Court of Appeal said “...An equivocal plea is one qualified by words which, if true, indicate that the accused is in fact not guilty of the offence charged...”

Where the plea is equivocal you have to make an application to the Court to withdraw it and 're-open' the case. The question of whether a plea may be withdrawn or not is entirely a matter for the trial judge. If the judge came to the conclusion that there was a question of mistake or misunderstanding, then the court would allow the plea to be withdrawn.

For example, it has been known for a defendant charged with receiving stolen goods to acknowledge that he had received them, and to plead guilty, adding ‘but I did not know that they were stolen’. In such a case the trial judge might well allow the prisoner to change his plea but it is entirely within the discretion of the judge. In other cases, the courts have allowed defendants to re-open cases where they have been improperly advised by their legal team or have been placed under pressure to enter a plea.

What you will need to do is immediately instructa new solicitor to represent you and make an application to the court to withdraw your plea and re-open the case. The new solicitor will need to know exactly what instructions you gave the original solicitor and what transpired at the moment you changed your plea.

Hope this helps.

Alex
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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