Comments on: Getting Out of DIVERT? http://bennettandbennett.com/blog/2009/11/getting-out-of-divert.html the tao of criminal defense trial lawyering Fri, 19 Mar 2010 15:28:11 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Clay S. Conrad http://bennettandbennett.com/blog/2009/11/getting-out-of-divert.html/comment-page-1#comment-12176 Clay S. Conrad Mon, 30 Nov 2009 16:19:26 +0000 http://bennettandbennett.com/blog/2009/11/getting-out-of-divert.html#comment-12176 A Motion to Withdraw Plea, or Motion for New Trial, based on involuntariness, would be better than waiting for the conviction to become final. However, it will come down to a swearing match: will the lawyer admit he didn't carefully explain every detail, or will he claim the client just changed his mind after the fact? Lawyers who would manipulate their client into accepting an involuntary plea can hardly be trusted to tell the truth following a MTN or Motion to Withdraw Plea. And if the judge isn't convinced by a preponderance of the evidence that the plea was uninformed, all efforts to get out of the plea will fail. A Motion to Withdraw Plea, or Motion for New Trial, based on involuntariness, would be better than waiting for the conviction to become final. However, it will come down to a swearing match: will the lawyer admit he didn’t carefully explain every detail, or will he claim the client just changed his mind after the fact?

Lawyers who would manipulate their client into accepting an involuntary plea can hardly be trusted to tell the truth following a MTN or Motion to Withdraw Plea. And if the judge isn’t convinced by a preponderance of the evidence that the plea was uninformed, all efforts to get out of the plea will fail.

]]> By: David Wyborny http://bennettandbennett.com/blog/2009/11/getting-out-of-divert.html/comment-page-1#comment-12160 David Wyborny Mon, 30 Nov 2009 02:52:34 +0000 http://bennettandbennett.com/blog/2009/11/getting-out-of-divert.html#comment-12160 I'm no appellate guru: but one could wait for the conviction to become final and then appeal it. Coerced Plea comes to mind. Voluntariness of the plea can be raised long after other issues are dead. If his lawyer in fact advised that he had no other choices; he may have a shot. Its certainly something to watch for. I’m no appellate guru: but one could wait for the conviction to become final and then appeal it. Coerced Plea comes to mind. Voluntariness of the plea can be raised long after other issues are dead. If his lawyer in fact advised that he had no other choices; he may have a shot. Its certainly something to watch for.

]]> By: jdog http://bennettandbennett.com/blog/2009/11/getting-out-of-divert.html/comment-page-1#comment-12141 jdog Sun, 29 Nov 2009 18:05:04 +0000 http://bennettandbennett.com/blog/2009/11/getting-out-of-divert.html#comment-12141 From this amateur's POV... isn't it a little late for that? As I understand it, when somebody enters the DIVERT program, they've pleaded guilty, and agreed to a set of conditions in return for not going to jail. Not saying it's a good choice, but is there really, in practice, a way out, after signing up? From this amateur’s POV… isn’t it a little late for that? As I understand it, when somebody enters the DIVERT program, they’ve pleaded guilty, and agreed to a set of conditions in return for not going to jail. Not saying it’s a good choice, but is there really, in practice, a way out, after signing up?

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