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

Case Results

Guilty Plea Vacated After Undocumented Client Was Promised Unavailable Work Release

The Situation

An undocumented client accepted a plea agreement after being told he could leave prison for work release after serving a specified period. When that time arrived, his immigration status made him ineligible for the promised placement.

The Legal Challenge and Strategy

The post-conviction petition argued that the work-release promise was illusory and that the client could not have knowingly, intelligently, and voluntarily accepted a plea built around a benefit he was barred from receiving.

The Result

The court granted post-conviction relief and vacated the guilty plea.

Why It Matters

A plea is valid only when the defendant understands its real consequences. Vacating the plea restored the client's ability to make a legally informed decision rather than remain bound by an impossible promise.

Practice area(s): Appeals, Criminal Defense

Court: Marion County

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