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  1. #1
    Join Date
    Dec 2013
    Posts
    15

    Post Clearing My Record After a Domestic Violence Guilty Plea

    My question involves criminal law for the state of: California
    A few Years ago I was wrongfully charged with domestic violence, I was in cut open by my ex in my own apartment on oct 18 2008. During the time I was in court in the barstow court house. During the issue I was not giving a fair trail nor given the right to speak on my half. I was not read my rights to help with my situation but was given an alternative the deal was sign a plea bargain or or they will ride my trail out until my sentence was fully done. I took the plea bargain unaware and not being told what it can do to me even though they fined me not guilty. They told me later on that I was proven Innocent and that they are dismissing my case but when I tried to join the military or police force It was denied and when I tried to purchase a firearm for the safety of my home i was denied. I never convicted of a felony just a misdemeanor. I want to regain not only my firearm safety rights but I also want to regain my federal rights to be able to join either police force or the military. I know I can request a Pardon from the Governor but I want to clear my name fully and Live as free man and serve my country. May I please have some one to help me reopen my case to fight this situation?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Not Giving a Fair Trail

    You took a plea - that's admitting that you're guilty.

    If you have any chance at getting this overturned - and I'm not convinced you have a chance - you're going to need an attorney.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Not Giving a Fair Trail

    Further, the military, until another global escalation occurs, is down sizing.

  4. #4
    Join Date
    Dec 2013
    Posts
    15

    Default Re: Not Giving a Fair Trail

    The fact that my public defender lied and told me a plea bargain helps me win my case how would I get an attorney to fight my case?

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Clearing My Record After a Domestic Violence Guilty Plea

    The terms of your plea bargain were clearly explained to you by the judge before you entered the plea. If you were not guilty, you could have availed yourself to legal process. You have not provided anything to suggest there was a clear violation of your rights.

  6. #6
    Join Date
    Dec 2013
    Posts
    15

    Default Re: Clearing My Record After a Domestic Violence Guilty Plea

    No my judge did not explain my rights, if I knew what a plea bargain was to begin with I would not be on this website now asking for ways to over throw this situation, On top of that I can still besides that paper prove that I am still innocent of that charge. I even gave them evidence I was innocent and still no fair trail.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Clearing My Record After a Domestic Violence Guilty Plea

    Order a transcript from your plea hearing and have it reviewed by a lawyer to determine if the judge properly took your plea.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Clearing My Record After a Domestic Violence Guilty Plea

    Specifically, what statute were you convicted under?

    Unfortunately for you, you did not let the allegations go to trial - you took a plea deal. As part of the plea deal the court asks you a series of questions including whether or not you are pleading guilty of your own accord and whether anyone has offered you any promises other than what the court has outlined. It's a very specific boilerplate that the court (the judge) recites to you when you plead guilty. So, realistically, unless you ca n successfully argue some sort of claim to ineffective counsel, you have no case. And, after 5 years, your time to appeal is long past.

    The good news is that in another five years, you may no longer be a prohibited person for a firearm if convicted of a misdemeanor DV. The bad news is that even if you managed (by some miraculous fluke) to overturn the conviction, you would likely not get a job in law enforcement as a result of the original case anyway.

  9. #9
    Join Date
    Dec 2013
    Posts
    15

    Default Re: Clearing My Record After a Domestic Violence Guilty Plea

    Truth they wouldn't let me go to trial, everyone who was a witness to the allegations was not allowed to testify and I went to the police station for a record of any evidence they said that there wasn't any but don't i have time cause its the 5th year for me.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Clearing My Record After a Domestic Violence Guilty Plea

    Okay, there was no "trial" ... but, you stood before a judge and pled guilty. Same difference. legally, you're guilty. What NEW evidence has materialized over the past 5 years that was not available to you 5 years ago that might show that you were not granted a fair and impartial hearing, or that you had ineffective counsel? And why wait to try and appeal 5 years after the fact when a legal appeal is all but impossible?

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