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    wantohelp's Avatar
    wantohelp Posts: 1, Reputation: 1
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    #1

    Jun 14, 2011, 11:00 PM
    How to overturn a theft by unlawful taking charge
    I have a friend who was recently charged in Kentucky with theft by unlawful taking, he did not steal anything and by the way was not caught in the act. He was in possession of said stolen item, but was given to him by a friend. Defendant had a yardsale unknowingly and someone reported item as stolen from a local business. Defendant didn't have money for an attorney but was given a legal aid atty who was out of town most of time between summons and court date. I offered my attys referral who basically told him he didn't have any recourse but to plead guilty or risk jail time, this atty took a deal without asking my friend if that was what he wanted. The atty accepted a guilty plea with no jail time. Can my friend do anything legally to the atty who accepted this plea for my friend and can my friend have this plea overturned. He is a young man who has never had any problems previously with the law other than he was behind on child support and had to serve 60 days due to his unemployment benefits running out, now he has a record and cannot find work... please help I feel responsible since I referred my atty over the legal aid atty and now feel I just made things worse. The legal aid attorney was going to have a jury trial but because my friend didn't have enough time to meet with him was worried he wouldn't care about his case so much because it was pro bono. Now he owes my atty and has a record. Thanks for any help.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 15, 2011, 04:22 AM
    Quote Originally Posted by wantohelp View Post
    I offered my attys referral who basically told him he didnt have any recourse but to plead guilty or risk jail time, this atty took a deal without asking my friend if that was what he wanted.
    Hello w:

    If this happened in the US, I don't believe it. In my experience, NOBODY pleads guilty WITHOUT the judge asking him MANY MANY times during the hearing if that is what HE wants to do. What pleading guilty does to each defendant is explained in detail over and over again, and then he SIGNS paperwork saying he understood what happened...

    So, until we get what actually happened in this case, we can't help much.

    excon

    PS> If the case was pro bono, how does your friend OWE him money??
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 15, 2011, 06:36 AM
    Quote Originally Posted by excon View Post
    ... If this happened in the US, I don't believe it. ...
    OP says Kentucky. I don't believe it either for the same reasons.

    And there would have been a formal substitution of counsel. I cannot believe that, at that time, your friend didn't meet with the new lawyer and discuss the options.

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