Can You Reopen a Closed Criminal Case After Five Years

yes Clerk 60 months after,
yes i told the court technically that im guilty; i was wrong! im human!

people get their life sentence convictions overturned 50 years later,
DNA today clears many who's been wrongly accused and convicted;
based on your notion; they were already sentenced!
guilty or not; they are already criminals and in jail, lets just keep them there, right?

if anything is true; is that this system is beyond flawed!
it is based on who has the most money and appeals to the officers eyes better;
as if its a high school popularity contest!with a dash of side laws;
if you are ugly but still have the cash then you can still adjusted as needed (lobbyist etc...)

i refuse to accept there is no route out of this injustice; i could still be wrong in the end,
but i cannot let this notion lead my way relinquishing my efforts!

if it wasn't for people who didn't give up despite the global pessimists remarks "its impossible, you cant do it!"; we'd still be clunking two rocks together to start a fire today!
unless you're a parent you will never understand what drives me,


Chris,
(for those who are intrigued; good or bad, i will continue reporting the progress of my case)

Quote:

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Quoting kninja

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yes Clerk 60 months after,
yes i told the court technically that im guilty; i was wrong! im human!

people get their life sentence convictions overturned 50 years later,
DNA today clears many who's been wrongly accused and convicted;
based on your notion; they were already sentenced!
guilty or not; they are already criminals and in jail, lets just keep them there, right?

if anything is true; is that this system is beyond flawed!
it is based on who has the most money and appeals to the officers eyes better;
as if its a high school popularity contest!with a dash of side laws;
if you are ugly but still have the cash then you can still adjusted as needed (lobbyist etc...)

i refuse to accept there is no route out of this injustice; i could still be wrong in the end,
but i cannot let this notion lead my way relinquishing my efforts!

if it wasn't for people who didn't give up despite the global pessimists remarks "its impossible, you cant do it!"; we'd still be clunking two rocks together to start a fire today!
unless you're a parent you will never understand what drives me,


Chris,
(for those who are intrigued; good or bad, i will continue reporting the progress of my case)

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You really do not understand the difference between pleading guilty to a crime, and pleading not guilty and being convicted. No one who has pled guilty to a crime has it overturned years later. All of those people that you speak of pled not guilty and were convicted.

People get sentencing overturned because of changes in statute or sentencing guidelines. You have neither. HOWEVER, because I myself am suck of you and you have no chance of having what you want to happen to happen and since you refuse to believe anything everyone has said...

I'll just contact admin and ask them to help you not turn this into a 30 page post of garbage. There are people on this board who want help and take it. You aren't either.

we assume that, we don't know how many are serving time over plea deal they plead guilty to!

in hindsight; my attorney never advised me at the time we can go back and contest these charges,
ive been charged with a list of charges that are a given, i should have never been charged with;
i was the victim of that night!

i did held a knife, and i probably had a pipe, whats my crime?
if you don't consider my testimony; you can go crazy with your imagination using a mother, three kids, a knife, drugs that assumed illegal, and a disgruntled husband!

i may have been just released from jail a day or two prior to when the hearing that set this in motion taken place,
i was not represented or aware; i was very much in street survival mode with what has been imposed on me over night!
only after that hearing i was accused of these crimes of holding a knife, the pipe, and few minor other, no physical attack charges?

this was an emergency distress call around 10pm activated manually through the house alarm system!
what did he think he was coming to, coffee and cake?
he showed up alone and completely mishandled the event; to grantee his interests he made it look like i was the villain; when i was the victim!

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Quote:

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Quoting CourtClerk

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I'll just contact admin and ask them to help you not turn this into a 30 page post of garbage.

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interesting, you want to pull rank because you disagree with me and several others including my current attorney?
you can simply not visit this thread!

Your attorney may be saying that he is willing to look into the matter for you (for a fee, of course), and may even be feeding you a line in order to get easy money. All because he says he can look into things doesn't mean that he can do anything. But, as long as you are paying him, he may very well file paperwork and keep busy until he hits a brick wall you believe in. The place to have made your arguments was in court - at a trial. You opted NOT to go to trial, and you accepted a plea deal. The only way out of this might have been to argue that you had ineffective counsel, but even THAT ship appears to have sailed two years ago. Now, you really have nothing to argue (from a legal angle, anyway).

Look, it's your money and you can spend it how you wish - even in a lost cause.

And you don't get to say who posts or not.

If you have an attorney who believes you can get the criminal case reopened, why have you been whining here for five pages?

I've worked 12 years in the legal system. If you have an attorney, why are you here? Yet another reason to have this thread go away.

Go speak to your attorney. They'd be best in answering your questions. After all, there are no such things like attorneys that will bleed you dry and still not get you what you want.

fair questions guys,
clearly i already been bitten by the last attorney i trusted naively,
im here because im looking to get some guidance, and to start educate myself to find the way out of this,
ive spilled my beans thinking there might be something in the details someone could point out;

if i know which door can open i would gone through it already;
i know all doors appear locked at the moment; someone knows the keymaker and the way out of this maze

my attorney didn't promise me anything; it is far more complicated then this thread presents,
we will first deal with the upcoming trial they are looking to indict me again, claiming that i violated the permanent restraining order,
that was originally put in place by means of fraud and deliberate obstruction of justice;
the officer basically convicted me right there and then based on one side of the story!
the judge not having my testimony conclude that i am crazy by the description the officer filled in initially;
then finalized the officers decision with indictments and giving them a state witnesses protection,

i do not wish to keep fighting every charge they can come-up with,
i have to try to take it out from the root of the problem; thats how my logic works,

as hard as it is to hear; i do hear what you guys are saying,
im not just sitting here running a long thread for the fun of it; im doing my homework!
i'm not resisting your experience, knowledge and your efforts to help guide me through this
i am challenging the minds on this forum,

"7:10-1. New Trial

On defendant's motion, the court may, pursuant to the time limitations of this rule, grant the defendant a new trial if required in the interest of justice. The court may vacate the judgment if already entered, take additional testimony, and direct the entry of a new judgment. A motion for a new trial, based on the ground of newly discovered evidence, shall be made within two years after entry of a final judgment. A motion for a new trial on the grounds of fraud or lack of jurisdiction may be made at any time. A motion for a new trial, based on any other grounds, shall be made within twenty days after the entry of judgment of conviction or within such further time as the court fixes during the twenty-day period."

RULE 7:10. Post-Trial Proceedings

1. Guidance comes from the person you're paying to guide you, especially if your issue goes far beyond your 10000 word posts say.

2. You're not looking for guidance anyway because you're arguing with anyone who tells you something you don't want to hear. That is DEFINITELY where you need to talk to your attorney because he gets paid to talk to you, we dont.

There was no fraud. You clearly do not understand what is meant, but it is but no means required that you attend every hearing - often the attorney attends in your place - and it is without question not a guarantee that if you had been allowed to testify, you would have been cleared.

YOU PLED GUILTY. No one forced you to do that. You're not required to follow the recommendation of the attorney. You have the right to make up your own mind if you don't agree with his recommendation. Nothing fraudulent occurred. You may or may not have had bad advice - we're not in a position to judge that. But you made the decision and you're going to have to live with it.

Quote:

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Quoting cbg

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but it is but no means required that you attend every hearing

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how? i was homeless! i had no idea this was taking place! (i was only recently explained this by my current attorney)
at the time i was walking around looking for a place i could sleep at night; while walking supermarkets parking lots looking for dropped quarters to buy food!
you cant displace a person out of the blue then require him to still act as if all is normal!

the fraudulent direction i was thinking is about by the whiteness who instigated this event and provided the officer with fraudulent information to trigger his actions!

i plead guilty in an effort to protect my child if you will accept this subconscious notion; it wasn't me i was concerned about when i plead guilty to a deal with the prosecutor,
i didn't understand or was explained this was permanent or that it will effect me to the extent it does!
it was played down; "you only get a "misdemeanor" you can have removed later; this will not affect your stand in the family case"; thats what i was told,

How what? Did you READ what I said? It is NOT required that you attend the hearing! Whether you were or were not homeless has no bearing on whether you were required to attend the hearing.

Okay, I get why you pled guilty. It does not change your options now.

oops...
sorry, i miss read your initial comment

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so my only option is to accept that i'm a criminal,
respect the permanent restraining order that was falsely given,
allow the ex to jail me through that protection, and not see my child?
sounds fair to me, since she is the only one who got her voice heard.

Not necessarily. I don't think you have any options whatsoever with regards to getting the criminal conviction overturned. That ship sailed long ago. That doesn't mean you can't, with a good attorney, get some kind of visiting rights in future.

my child is included in the protection program;
she already used a call i made few days later to fill in another complaint as the guardian
they possibly fabricated many emails over the years which they use as current deviance to continue to peruse me through the protection program they received,
i will know more in few weeks at court, prosecution will not turn over discovery atm

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"Most frequently the real abuser will start by obtaining a restraining order against your client and by attempting to gain custody of the children. Though this text doesn't deal with family court advocacy, it's important to emphasize that, unfortunately, it is very likely that your client's arrest will sway the family court decisions in favor of the perpetrator."

though this is written for a woman; it actually describes exactly what has happened and is happening to me with research facts http://justicewomen.com/tips_dv_victims.html

i may be using the wrong terms or describing the predicament im in incorrectly;
i still need to try and over turn this injustice that was done to me somehow,

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the more i read the more i learn...
Im the Victim of domestic violence; I was Gender-Profiled by the responding officer as the aggressor just for being a man and so on by the prosecution that followed!

Fine. Waste your time and money. It's no skin off my nose.