Because of the gross incompetence of his attorney, Joshua Bevill’s guilty plea to a 10-year offense was reversed, resulting in TWO ADDITIONAL DECADES IN PRISON, for a total of 30 years, without parole
Austin, Texas Nov 24, 2021 (Issuewire.com) – While Joshua Bevill was in his 20s, he made misrepresentations to three high-net-worth investors, causing a combined loss of $106,000, a relatively minor nonviolent offense. Joshua is serving a 30-year federal sentence. He’s been in prison for nearly 12 years. He’s now 41.
Federal prosecutors made clear–a position memorialized in federal prosecutos’ March 1, 2012 Sentencing Memorandum–that a sentence that exceeded 10 years would be punitive, and a sentence spanning decades would serve to unfairly warehouse Joshua–that is, it wouldn’t serve a valid purpose.
Joshua promptly pleaded guilty to a offense that carried no more than 10 years in federal prison. The truth was revealed that Joshua’s lawyer and his judge had both lied. Joshua pleaded guilty not to any crime. Joshua’s defense lawyer had the fundamental duty of ensuring that Joshua’s plea was guilty. The judge had a core duty to make sure that Joshua’s conduct was guilty before he accepted the plea.
Neither Joshua’s lawyer nor his judge took the time to make sure that his guilty plea was valid. This is quite shocking.
The conviction was rescinded after this shocking error. Joshua immediately contacted prosecutors to negotiate a similar legal plea deal to replace that which the court had to reverse. Joshua’s letter to the prosecutors shows this:
You are the prosecuting lawyer. I want to inform you that I have never once said I was not guilty A trial is a waste of time and I don’t know why people keep talking about a trial. You can see my memorandum, affidavit and other evidence that I have admitted guilt. (Doc. 181 at P.6. )
Consistent with this situation, Joshua in open court reiterated to his judge this point: “Your honour, I… do not want a trial.” I have under oath admitted to [committing the crimes charged].” (Doc. 147 at P.6. )
But, inexplicably decades were added to this new plea offer–which is odd considering it was Joshua’s mistake and not the judge’s.
Joshua reached an effective guilty plea and did not seek a trial.
No one wanted a trial. The prosecutors didn’t want a trial, hence the 10-year plea offer. Joshua did not want to go to trial. He accepted the deal and pleaded guilty. The judge did not want to hold a trial. The judge accepted the guilty plea.
But the plea was thrown out, and the court had to reverse it. Joshua was sentenced after the plea was rescinded by the judge and attorney. This is a miscarriage in justice. Joshua was sentenced to two more decades in federal prison for their incompetence.
To read more about Joshua’s case please visit: https://www.thejusticeprojecttexas.com/
Joshua is fighting for Clemency.
Tags : Joshua Bevill , Josh Bevill , Clemency , Injustice , The Justice Project , The Justice Project Texas
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