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  1. #1
    Join Date
    Jan 2006
    Location
    New York
    Posts
    1

    Default Convicted of soliciting a prostitute

    Hello, here is the situation. Four years ago my husband was walking home and was already one block away when a young girl stopped him and asked for help. First she said "Sir, please help, I need some money, I am in trouble" My husband said I am sorry cannot help you. Then she turned to tears and asked him to stay with her for a second. She was scared and was looking around. My husband thought that somebody follows her or maybe something serious is happening and she needs help. Plus at that time his english was very poor. He asked her what happened and in a moment there were five poice cars, cops came out and arrested my husband. My husband didn't understand what was happening. The cops strated laugh at him, saying jokes like "Ah, you like the girl, wanted to have some fun!!" He finally understood that the girl was a cop and she acted like a prostitute. They kept him for 2 days in their facility and then he had a court where the lawyer told him to plead guilty. My HUsband didn't know what does it mean. They didn't provide him with the translator. He was saying in front of judge that he wasn't not guilty. The lawyer told him to shut up and repeat what he was saying. The lawyer said : "I am sorry Your Honor, I plead Guilty"
    Since then we having problems, it still in his records and it brings a lot of trouble for us. What can we do?If there is any way we can reopen a case. I know it's too late but maybe there is chance.
    Thank You.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,430

    Default Certificate of Rehabilitation

    If you want to try to reopen the case, you should consult a local criminal defense lawyer. It will be tricky to do, and perhaps impossible, after this much time - a local lawyer can figure out any available means of attacking the conviction.

    Your husband can also apply for a certificate of relief from disabilities, which won't remove the conviction from his record but must be considered by an employer in relation to his criminal history. The certificate will also ordinarily remove any bars to his working in a particular profession, which might otherwise follow from your record. (Here's an information page from Suffolk County.)

    (New York also offers a "certificate of good conduct", but since your husband presumably has only one misdemeanor conviction and no felony convictions he would be better served by a "certificate of relief from disabilities".)

    If he chooses that approach, as your husband was convicted of a misdemeanor, he would petition the court which sentenced him to issue the certificate of relief from disabilities. The Clerk of the Court should be able to explain the appropriate steps, which vary by county.

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