My Attorney Never Signed Plea Agreement

[anthonyc]

My question involves criminal law for the state of:California

I was charged with 243(e) domestic violence mistomeaner in California. The woman I was accused of battering was not a spouce or cohabitant but someone I was casually seeing. She did not call the police and would not co operate with the police or DA, some one else saw us arguing and called the police. I was 19 years old at the time and in the ARMY reserve and going school with hopes of becoming a police officer. My attorney advised me to plead to 242 simple battery not domestic then I could file for expungment and "it would all go away." I was not informed that I would loose my rights to fire arms for 10 years in California and federally for ever under the Lautenberg amendment. After the fact letters dated after the sentencing stating "it accured to me you will be banned from owning a fire arm and this may affect your employment and military service carrer" are still in my possestion. In those letters she also writes what my sentence was.

I also have the docket and it clearly states that I was never present in court and always represented by my attroney until I was there for the progress reports well after all this took place. There is no way I would have plead no contest if I knew that the firearm possesion would be applied and would ruin my carrer choices, I would have gone to trial even if it risked me going to jail for 5 years as I had always wanted to be a police officer. On the plea agreement that I signed in her office there is my signature but where it says that my counsel informed me of my rights and I understand it is blank. Is this a binding document with only my signature and not my cousel? No one ever explained to me what my options were and the punishment for pleading and if I could fight it due to the "victim" stating that this did not happen this way.

I went to the court house, DAs office and police station trying to get all the information I could for this case. The police report has never been seen by me and a different story was given to me by each above mentioned office about if I can legally obtain a copy and if one even still exist as this was 11 years ago.

When I was in the ARMY reserve I had a secret clearance and passed the lautenberg federal prohabition of no weapons as many sodiers were kicked out of my unit due to this amendment. When I went to buy a rifle it was denied and the california beurocrats say its federal even though I was not in a classified relationship that the NICS/ATF websites state trigger the lautenberg, they actually say boyfriend/girlfriend is not sufficient, and the federal people wont tell me anything about it I am banned from them or not. This is holding me from re enlisting in the ARMY and my 6 years of service are lost as I was planning on finishing 20.

Is that plea agreement binding and legal due to my lawyer never signing the line that clearly states that she discussed the case with me and I completly understood? Also I have the docket stating I was not in court for the judge to ask me anything or explain anything.

How can I get a copy of the police report 11 years later? My attorney is no longer with that firm and they said they will look in storage but did not think they would have it. They were very rude and asked why I was doing all this research. Its my life that was ruined and I want to fix it even if I spend the rest of my days fighting.

Thank you very much.

[Mr. Knowitall]

The Domestic Violence Offender Gun Ban, or Lautenberg Amendment, was passed in 1996, and became effective in September, 1996. It's possible that your lawyer wasn't fully aware of its probable impact on your situation.

You seem to be stating that you read and understood your plea agreement, but that your lawyer did not sign that he advised you of your rights. You are stating that you submitted your plea in writing? With no advice of rights form of any sort?

Why have you waited more than a decade to consider taking action?