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snowkoferl · Aug 1, 2008, 05:08 PM

Can a case be thrown out of court from 10 years ago that I was found guilty on and was put on probation due to not having an interpreter provided for me due to I am hard of hearing? And do they record it if I was or was not provided an interpreter in court. It was a felony charge and at the time did not understand what I was being accused of.

JudyKayTee · Aug 1, 2008, 05:46 PM

Originally Posted by snowkoferl

Can a case be thrown out of court from 10 years ago that I was found guilty on and was put on probation due to not having an interpreter provided for me due to I am hard of hearing? And do they record it if I was or was not provided an interpreter in court. It was a felony charge and at the time did not understand what I was being accused of.

Not after 10 years, no. Why did you wait so long?

Did you request an interpreter, have medical records to prove the need for an interpreter, and were denied the service?

snowkoferl · Aug 2, 2008, 06:48 AM

Ok, I am trying to help out my brother who is hard of hearing and he got a notice from The prosecutor in the state of Mass. He states(my brother) that he did not understand what was going on and that he did not have an interpreter in court to understand what everyone was saying they told him to sign this form, which I am assuming was a guilty plea. He has an eighth grade education, so that is also against him. I have researched on his charges and I am at a stand still. I know that he did not have a proper representative in court. And I also know that he did not have an interpreter to do sign language in court for him to understand, So now I am going back to Mass with him and need to have all my ducks in a row per say, I don't think that he understood what he was signing at the time and now he is facing jail time, we have proof that one of the charges is bogus, due to a money gift from a relative. I need as much help as possible to be on top of the game when he gets to Mass to try and help him, the charges against him are larceny, with one charge high as 8,000.00. Where can I look for more help?

JudyKayTee · Aug 2, 2008, 07:40 AM

Originally Posted by snowkoferl

Ok, I am trying to help out my brother who is hard of hearing and he got a notice from The prosecutor in the state of Mass. He states(my brother) that he did not understand what was going on and that he did not have an interpreter in court to understand what everyone was saying they told him to sign this form, which I am assuming was a guilty plea. He has an eighth grade education, so that is also against him. I have researched on his charges and I am at a stand still. I know that he did not have a proper representative in court. And I also know that he did not have an interpreter to do sign language in court for him to understand, So now I am going back to Mass with him and need to have all my ducks in a row per say, I don't think that he understood what he was signing at the time and now he is facing jail time, we have proof that one of the charges is bogus, due to a money gift from a relative. I need as much help as possible to be on top of the game when he gets to Mass to try and help him, the charges against him are larceny, with one charge high as 8,000.00. Where can I look for more help?

Assigned counsel, I would say. But didn't all of this happen some 10 years ago (or am I confusing posts)? How/why did it come to the attention of the State now and the prosecutor has moved for some type of appeal or re-trial? That does not make sense.

I don't think you can handle the burden of proof and the various motions without an Attorney.

Your posts should be combined and I am confused - earlier it was you facing this and you explained it well and clearly; I gave advice. Now it is your brother. It makes me uneasy when a question is posted, answer given - and then the question is changed to circumvent the advice.

froggy7 · Aug 2, 2008, 08:05 AM

Also, it appears that the basis of the case is the person signed something "without knowing what it was." If the person can read, the fact that there wasn't an interpreter there isn't as important.

excon · Aug 2, 2008, 08:16 AM

Hello snow:

Where was his attorney in all this?

It's very difficult to overturn a guilty plea. IF it can be done in your brothers case, it's going to take a lawyer to do it.

excon

twinkiedooter · Aug 2, 2008, 04:46 PM

If he was found guilty 10 years ago and put on probation, has he completed the probation successfully in the 10 years? Don't quite follow the scenerio here. Did he violate the probation? Did he have a court appointed attorney at the time of his signing whatever he signed? After 10 years I believe it will be extremely hard to have dismissed.