CONTACT US 24/7 FOR A CONSULTATION 317-669-8972
CONTACT US 24/7 FOR A CONSULTATION

Case Results

Fifty-Year Sentence Vacated After Inadequate Spanish Plea Interpretation

The Situation

Victor Ponce entered a plea agreement that produced a 50-year sentence. He did not adequately understand the agreement, and the Spanish-language interpretation did not accurately explain its terms.

The Legal Challenge and Strategy

The post-conviction petition argued that the interpreter's limited Spanish ability and incorrect advice prevented Ponce from knowingly, intelligently, and voluntarily entering the plea.

The Result

The conviction and 50-year sentence were vacated and overturned.

Why It Matters

Language access is fundamental to a valid guilty plea. Correcting the interpretation failure removed a decades-long sentence imposed through a process the client did not understand.

Practice area(s): Appeals, Criminal Defense

Mark Nicholson

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

Menu