if my case is not argued and a sentence is handed to me, but im passed the point of motions, have my rights been violated to a fair trial….

also, if they have, have i obstructed the fact my rights have been misused because i already took their bargain, or can i still proceed with this arguement, also they denied me representation.i filed an affifavit for assets n liabilities, they still denied me tho. thier trying to lock me up real bad, cuz i didnt pay a 500 dollar fine or do the comm. service…

Asked on June 30, 2009 under Criminal Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If I understand your question correctly (and in my mind, that's a fair-sized "if" right now), you took a plea bargain and plead guilty to some offense, and your sentence included a fine and community service.  You might have entered the plea without an attorney, because you didn't qualify for a court-appointed lawyer.  Now you are facing jail for having failed to pay the fine or do the community service.

I think it's very unlikely that you can still claim your right to a fair trial was violated.  You gave up the right to a trial when you entered the guilty plea;  while the procedure differs from one state to another and I'm not an Illinois lawyer, I'm quite certain that this part of the deal was put on the record.

I think you need to talk to a lawyer now, about the best way to deal with the present situation.  One place to find a qualified attorney is our website, http://attorneypages.com


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