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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2907
Experience:  Solicitor of England and Wales
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Can you get legal aid to change a plea after a plea bargain

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can you get legal aid to change a plea after a plea bargain if you werent fully competent at the time and you have been sentenced
Assistant: What were you convicted of exactly? Have all your appeals been exhausted?
Customer: I'm Speaking for my son who was convicted for sexual offences against boys which he is taking responsibility for but also got pushed into pleading guilty to raping a 16yr old girl which was wrong. He would like to change his plea to sexual assault. He has had his first appeal against the sentence turned down by one judge. He did not rape the girl but was confused and out of it when he pleaded.
Assistant: Where did this occur?
Customer: supposedly aa party he held at my house when Iwasn't there. There is no positive date or any evidence. It is historic
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: There's a lot to it but it would take too long
Good evening, my name is ***** ***** I am a Solicitor.It is not possible to change a plea unless it can be shown to be “equivocal”, in other words the plea is contradictory or there is some doubt about the defendants intention. The normal practice is to apply to the Court where the plea was entered to have the guilty plea set aside as being equivocal. But if the defendant has been sentenced and has failed to get permission to appeal, then his chances of making any kind of application to reopen his plea is extremely remote and very likely to fail.I’m sorry to sound negative but I have a duty to give you an honest and professional opinion based on the information you have provided.
Alice H and other Law Specialists are ready to help you
Customer: replied 6 months ago.
The plea could be classed as equivocal.. it was complicated case and the vic***** *****ged her dates, statements etc because she couldn't remember ! Her claims were regarded as flimsy until they pummelled my son into a plea bargain deal to tie the case up. He was not in a fit state to plead but just couldn't face any more. I was there all through the case and there is something not quite right about the way it was handled. I don't know where to go to get it looked at. it is not about innocence or guilt and I am a realistic mother. Thank you
Good morning. The law around equivocal pleas is quite complicated but generally speaking its about whether the defendant entered the wrong plea rather than the strength of the prosecution case. To show his plea was equivocal your so would have to show he was pressured into pleading guilty and as you suggest he was not in the right frame of mind. Its unlikely you’ll get a second opinion on legal aid at this late stage nd you may have to pay privately for a second opinion. If you would like to do thatI can point you in the right direction.
Customer: replied 6 months ago.
Are you going to call me

Hi, yes will do. The number has only come through. Can we pencil in 2 pm please?