Carl M.

This attorney cost me 50 months in prison over his smart mouth, failure to protect my basic rights, and tons of money. He also told me one price 10,000 and then tripled it to 30.000. He insulted the court and victims during a change of plea hearing calling them very pathetic enraging the judge to retract the plea with a probation only sentence for a minor RSP over 250 charge (which btw the amount just changed finally to make it over 1200 to be a felony, making these charges all be under 1200 now all misdemeanors) after the judge accepted the plea in open court. I signed the waiver of rights and so did the court and Atwood! A contract legal and binding. Atwood failed to argue or even mention the 5th amendment double jeopardy clause that protects you against being twice punished for the same exact charge, and in this case, in the same court, before the same judge and the same ADA. Had this inadequate, in-effective or should I say reckless attorney filed the motion before the start of the second and clearly illegal trial, I wouldnt of spent a day in prison, as a licensed buyer. And this continues to cost me every day of my life. I should mention the ultra smart appeals court judges vacated the sentence and put the verdict aside (thank you judges) but only after I served 50 months in state prison. This attorney, Jack atwood also at same time was training to be in my business (cash for gold and more) and after training him he didnt pay me the agreed upon fee of 50,000 to join in my business. Ive heard Howie Carr talk about this Jake the Snake character on the radio, but is was already too late for me. DO NOT HIRE ATWOOD UNLESS YOU WANT TO BE TRIPLED BILLED AND GO TO PRISON! Why didnt Atwood protect my basic constitutional rights? I paid him upfront and in full. During my prison time I learned the law and filed my own pro se direct appeal and the appellant court agreed and after 50 months I came home. I also filed many (rule 30) motions before the same court, motion to reconsider, ch 211 & 3 before a Higher Justice, motions to compel, all DENIED! Citing same case law Comm V Dean-Ganeck once a plea is accepted in open court, it is final and conclusive. Comm V Therrien Jeopardy attaches to the the crime pleaded to upon acceptance of the guilty plea, and before sentence is imposed. That sums it all up in a nutshell. This just said I dont think Im bound because I didnt pass sentence that day. DENIED! With no memorandum. And yes I filed motion to recuse the judge before the same judge! Surprise-DENIED! And the entire time Atwood and my appellate lawyer Jeanne Kempthorne, (Atwood told me to hire her)... she took my 22k and did not provide me a brief! She took my money and provided me the honor of one visit and for reading some letters I sent her on case law (that she told me to send her) if I found any revelent case law. Never once did she mention the double jeopardy clause and The Issue that is Constitutional Law that trumps all other procedural or other errors. This can happen to you. Or your Children, or a loved one. This duo took my money and let me sit in prison while I lost 50 months of my life, my business, and too much too list that was stolen from me being away and unable to secure assets including cars, truck, inventory, the entire store, etc. Why didnt Atwood file motion to stay for a week to allow me to prepare? I almost lost my grandson who is in my care on a medical issue if not for the save from the Centerville Fire Department, cc cops, cc hospital, Boston Childrens Hospital (the best) and the helicopter pilot, to get him there quick. (HUGE Thank You to all) Twenty four friends and associates passed away, the closest being my sister while I was away. Its such a loss you cant even place a number on it. We are all entitled to equal and fair protection and basic constitutional rights. Atwood took an oath to uphold the constitution. Why didnt he protect me the on such a simple constitutional issue, the 5th amendment? Then let me rot in prison 50 months suffering irreplaceable damages? Physically, mentally, financially, emotionally. For that matter with all the combined years of experience, and the years of combined law school, including all of THE OFFICERS OF THE COURT, Why didnt one of them report this violation to the court? Isnt it their duty as well to uphold the constitution? So instead of going home on probation, the judge sentenced defendant to 8-10 years in state prison, 15 years of probation, and insane amount of restitution, even though the appeals court ordered the sentence vacated this ADA still asks for restitution, judge grants it. (Not part of the original sentence a signed contract. Under appeal! More wasted time and money this after the thief who delivered alleged items to defendents buy sell store states he did not sell all of it to this store. That he sold it all over. Yet, This defendent only has was arrested and imprisoned, and stripped of property and liberty. The judge placed a condition in defendant the he cant be in the business of buying and selling gold, silver, etc effectively preventing him to earn a living. Then orders 65k in restitution. There is not a chance this defendents store bought anywhere near that amount and every purchase was properly recorded, reported, with pictures, license, and contract included in each and every purchase with a the signed bill of sale. But the commonwealth gave the deliverer or the thief immunity to testify that he in fact sold to defendants store, which defendant doesnt deny! After all defendants pictures and records is what hes obligated to do. Nothing more! And he did his job! The decision was published in lawyers weekly March 6,2017