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Successful DWI Post-Conviction Relief Motion

July 7, 2012

Randolph H. Wolf recently represented a client who sought to have his guilty plea for a theft conviction set aside. The client wanted to know whether he had any defenses to the theft charge even though he had already pled guilty to the offense over ten years ago. He explained that he was employed at a financial company and that, as a crime involving dishonesty, the theft conviction threatened his career.

Randolph Wolf explained that there were potential defenses to his case. The client explained that he was not represented by an attorney when he pled guilty. He also stated that, had he known about the potential defenses, he would have never pled guilty, and instead, would have insisted on taking this case to trial. Following a consultation, the client decided, based on Mr. Wolf’s recommendation, to file a motion for post-conviction relief. Mr. Wolf explained that, if successful the motion would not result in the charge being dismissed. Instead, it would simply vacate his prior theft conviction and restore the matter to the court’s calendar and would allow him to proceed to trial.

Randolph Wolf, on behalf of the client, wrote a brief to court requesting that the client’s guilty plea be vacated. He argued that the plea should be vacated as the client asserted a colorable claim of innocence and was not represented by counsel at the time the plea was entered. Mr. Wolf also explained that the conviction had a negative impact on the client’s career. The judge agreed with Mr. Wolf’s argument and vacated the plea.

If you feel that vacating a prior guilty plea may help, contact our office for a free consultation. You may be able to reopen your prior case, at which time you may be able to more properly defend your case.

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