Personally I want to believe people have my best intrest at heart. However I can see peoples true motives behind their actions…
More information someone considering or appealing on a 2255 should know is the fifth amendment does not give you absolute protection from double jeapoardy..
“you cannot be charged for the same crime twice…” but when you look at United states Vs. Perez “In limited circumstancs second trial after mistrial is JUSTIFIED. Second trial is permitted where a judge declares a mistrial out of “manifest nescessity: being;
1. Possibilty of Government manupulation
2. Nature of the inrest advanced by mistrial
3. Consideration and availability to mistrial ..
So when your lawyer tries to sell you “the Government doesnt have the resources to take you back to trial to re-try you Open up the law libray and see how many people are re-tried and re-convicted and given 80 more months.. as your lawyers sell you “we think you’ll get time served”.. But the government is considering the “seriousness of the charge” not the facts of the bedrock of the charge and what led up to it on your behalf. Decide if you want to keep playing with fire to get burned because remember there is a line in the system and as a felon we’re the ones walking it. Taking pleas that hold no promises not your lawyers.
Its crazy when a lawyer wants to chance you getting re-tried to take a plea so from a 2255 attacking the sentence to turn around and have to take a plea waiving your right to attack THAT sentence makes no sense! Neither does believing empty promises of a plea or lawyers who don’t give you the worst case scenerio of the outcome of a 2255.
A notch on their belt is what they get while you get 80 more months in some cases that I’ve read from R E A L C A S E S not nonsense on google.
It’s also shady to have lawyers who lie and tell you that they were appointed by a civil liberities group then to turn around and get defensive about them defending you because you were just a case appointed by the criminal justice act because your indigent.
Thats a way to make someone feel comfortable … throw their economic status in their face because they question why you adversely worked against a clients wish.. on how they want you to proceed which effects THEIR LIFE NOT YOURS.
Its also great when you havwe a lawyer who won’t be upfront and just be honest about the worst possible outcome. Then work adversely against them making the worst possible outcome a reality their facing.
I’ll never forget when I cried at just the thought of the the words “re-trial, re-arraignment, Re-sentencing” and my lawyer told me “he’s not doing this” because I cried after making him reassure me over and over that wasnt even on the table. OPE after the briefing asking for a reveral .. the word reveral I caught re-reading after it was submitted literally set me up for my biggest fear when I’m booked for a flight to freedom next month.
Yeah lets read the sentence again on how I choose to proceed EFFECTS MY LIFE NOT YOURS. At this point in time and then at the begining of the appeal I was only willing to move on certanity now here I am typing away to Kevin Gates.. “Some lawyer don’t make no f*n sense” and I don’t think the best sugar coated results of a 2255 make sense when theres SO MUCH RISK I WAS NOT AWARE OF!
I don’t need a middle man to gamble my life for me! & I DONT GAMBLE. I told my kids I’m coming home and thats a certain anything jepordizing that is not working in my best interest.
I’m ready to go home and eat some California chicken extra lemon pepper aint nobody stopping me from that either. See to be a good paralegal you give people the best and worst case scenrios. I Reccommend Mark Wykoff because when I first met him he slapped the guidelines for a plea and the guidelines for trial against the glass and didn’t give me a guess on what I would get on any of it. He was actually surpised at the 42 months certain I would get 5 and was honest about that AFTER sentencing.
You need to be upfront with clients of the worst so they can truly know what they’re expecting. I don’t feel I’ve gotten that at all. I don’t think anyone can sugar coat a federal charge or the consequences the court can give..Or the actual rules the courts have to abide by or how they justify bending the rules for their benefit to convict or sentence.
