Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 23
  1. #1
    Join Date
    Feb 2010
    Posts
    18

    Default Wrongfully Charged

    PLEASE READ MY ENTIRE POST!!!

    My question involves criminal law for the state of: Virginia

    Ok well to start, im gonna state a few things about my life that will aid in answering my question, but not so much that i can be identified as these forums says not to.

    Ive been on probation for 5 years. When i was 18 in 2 different cities i was charged with a few things for 2 instances.

    First city i was charged with the following:
    B&E
    Destruction of Property
    Possession of Burglarous Tools
    Conspiracy
    Contributing to the Delinquency of a Minor x2

    What really happened:
    We'll to start me and my friends were talking, we were up to no good that night obviously, and we decided together, altho it wasn't my original idea i followed along, to break into someone's house.

    We picked a house that had no cars in the driveway, we knocked on the door, it was 3am, to make sure no one was home, knocked for about 5 minutes straight, no answer. We went into the back yard and one of my idiot friends cut the phone line(idk why no one was home) maybe just incase? who knows... anyway, my friend had a screw driver in his hand and he poked a whole in the screen door, then proceeded to walk onto the porch while we watched and waited.

    Then the back flood light turns on, scares the shit out of us and we run away, ditching my car and leaving it on the street parked a few houses down. The car was towed and the next day a cop was at my door. Anyway, we all admitted exactly what happened and got charged with all of that. 2 of us were over age, the other 2 under age. I am the only one still on probation, and got the longest time of everyone. 6 years in prison suspended and 5 years of probation.

    The said that since the porch had a roof that was roofed with the rest of the house as 1 roof it was concidered part of her house, thus the B&E. And the screwdriver my friend had broke the screen door whole with was the tool charge. Conspiracy since there was 4 of us, 2 were underage.

    Second city i was charged with the following:
    Grand Larceny
    B&E
    Contributing to the Delinquency of a Minor

    What really happened:
    My brother's friend(who was a girl), liked me alot, she invited me to a party. I had just met this guy 3 weeks earlier who i didn't know very well but seemed very cool, so i invited him as well, he was under age. We had a great time. The next day 60 dollars and her laptop came up missing. I know i didn't do it, but my friend did(the new one). I didn't want to snitch on him so i didn't. Anyway a police investigation came and the detective asked for my friends name and i guess somehow found out where he lived. And his mom noticed he had a new laptop so told them her son did it. And to avoid further trouble with his parents and mom since they promised him probation only if he admits it. He said that i made him do it, and it was my idea, and in fact i helped him do it. Which was a total lie obviously! I was found guilty and given 10 years in prison(i think) and 5 years probation to run concurrently to my current one.

    In Conclusion:
    Ive never gotten in trouble since then and I am doing very well on my probation. My probation officer said im up for early release this May, but even after that i cannot get it off my record until the full probation is over, which is in 2015! And then he said to get it off my record id have to wait another 5 years(some kind of cooldown period he said).

    Legal:
    I had a court appointed lawyer for both my cases, both told me to plead guilty for probation and no time. I was young and clearly didn't want to go to prison. The lady who turned on the flood light in the back was there and got on the stand saying how scared she was and how she has to get an alarm system now also. They made me pay 3k in fines throughout both the cities for everything which is fully paid off also.

    My Dream:
    To become a police officer and possibly a detective one day. Ironic i know but ive always wanted to be one.

    My question:
    Was i wrongfully charged? I mean... i talked to a few people who said i got screwed, if i would have had a real lawyer i wouldn't have gotten anything except maybe criminal trespass. They said i should get a lawyer to review the case and maybe get it looked at and taken down or what not. I need to figure out something to make my dream come true that doesn't involve me waiting until im 35 to do it... You know?

    I really hope i didn't type too much and i hope you guys can help me somehow! I really would like to figure out something to get this behind me, or maybe some names of probono lawyers that deal in wrongful charges, or even cheap lawyers that could get this done!

    PLEASE PLEASE PLEASE HELP ME!!!

  2. #2
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Wrongfully Charged Plz Help Advice

    i talked to a few people who said i got screwed
    Who are these people? Your friends, who want to take your side and make you feel better...or someone who actually has some knowledge of the legal system?

    if i would have had a real lawyer
    I'm sure the public defenders you dealt with would be thrilled to know you don't consider them real lawyers. For the record, they are real lawyers, who really went to law school, and really passed their State Bar Exams.
    And getting you probation for all those charges, involving two incidents...actually pretty good, in my opinion.

  3. #3

    Default Re: Wrongfully Charged Plz Help Advice

    Any police department would have a hard time making a hire on you. You've got not just arrests, but convictions, as an adult, involving the personal property of others. That just never will leave a good taste in the mouth of those who'd be hiring you to PROTECT the property of others. It also makes it hard to compete with other applicants when their background checks don't show them associating with others who possess criminal records for such activity (it's not just you they'll look at, but also what associations you keep). If any of the charges came at the felony level, your legal inability to possess a firearm will be the final nail in the coffin. Truely, you need to be thinking of and preparing for a different line of work.

    I agree with Tigerdog - you're actually pretty lucky to be waking up in your own bed, and not in a bunkbed with a total stranger above you in a 10 by 10 cell. PD's might not get much respect, but they are full-fledged attorneys, AND they are attorneys with the MOST experience in dealing with the judges and prosecutors in their respective courts. If they tell you that one deal or plea or strategy is better than another, it's because they've seen HUNDREDS of similar cases in front of the same judges and are telling you that based on their experience.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Wrongfully Charged

    How were you wrongfully charged???? You and your vehicle were involved. And then you could not "snitch on" a friend.

    "We'll to start me and my friends were talking, we were up to no good that night obviously, and we decided together, altho it wasn't my original idea i followed along, to break into someone's house."

    Anyway, we all admitted exactly what happened

    Second time: I know i didn't do it, but my friend did(the new one). I didn't want to snitch on him so i didn't

    It's like this: Grand Larceny means you have a snowcones chance in Hell of even getting a job in retail or fast food.

    Police Officer or Detective....well, you can apply to the academy, but don't get your hopes up too high.

  5. #5
    Join Date
    Feb 2010
    Posts
    18

    Default Re: Wrongfully Charged Plz Help Advice

    I didn't do anything except criminal trespass. The system is broken and it does not work.

    They didn't just slap me on the wrist and send me home with my tail between my legs. They nailed me to the cross. And for what? Nothing except criminal trespass. Throwing the book at me for nothing.

    And yes, a REAL lawyer, not just one that instead of trying a case you can obviously win or at least get reduced to criminal trespass(from what ive heard from other professionals), just give up and tell the misguided confused kid to take the deal because he has no chance at all.

    Ive talked to several lawyers, but i am looking for a probono lawyer or possibly a cheaper one at the moment, cause i heard there are lawyers who try cases like this that are wrongfully guilty.

    I have talked to 3 lawyers that said i could easily get this reduced, and 1 judge that said the charges didn't merit what i did. At this point your probably wondering why i posted in the first place if i had already talked to people.

    I figured this was a site where alot of lawyers looked at things and actually offered advice besides you deserved it(which is clear i didn't) and no im not lucky, having your whole life ruined because you were told to plead guilty for things you didn't do. I didn't break into anyone's house, i didn't steal anything, i didn't conspire, i didn't even break the screen door, at best i was an accomplice for criminal trespass. 10 years of probation and 16years in prison over my head and any detective or lawyer can see that what i did didn't merit my convictions.

    The law system is supposed to provide justice. Justice would have been making our stupid asses pay for the door and apologize. Maybe even go to jail for criminal trespass! But comon... this is overdoing it. Since when have we become a society of crusifiers.

    Anyway im rambling and probably comming off ignorant. But i have always had public defenders, even gotten convicted of walking in the street and all my lawyer did was sit there and let me get convicted of a ticket for walking in the street. All of them that i have had just sat there and watched. No questions, no rebuttles. Its a shame that ive had such lazy lawyers, and that this has made such a huge impact on who i am and how i feel about court apointed lawyer.

    Anyway's thanks for the... help and um... yea. Close the thread i guess. I'll just go shoot myself.

  6. #6

    Default Re: Wrongfully Charged Plz Help Advice

    Quote Quoting JacobF
    View Post
    I didn't do anything except criminal trespass. The system is broken and it does not work.

    They didn't just slap me on the wrist and send me home with my tail between my legs. They nailed me to the cross.
    Probation is hardly nailed to the cross. You could be getting nailed in prison.

    And for what? Nothing except criminal trespass. Throwing the book at me for nothing.
    It doesn't SOUND like nothing. It sounds like:

    First city i was charged with the following:
    B&E
    Destruction of Property
    Possession of Burglarous Tools
    Conspiracy
    Contributing to the Delinquency of a Minor x2

    Second city i was charged with the following:
    Grand Larceny
    B&E
    Contributing to the Delinquency of a Minor




    And yes, a REAL lawyer, not just one that instead of trying a case you can obviously win or at least get reduced to criminal trespass(from what ive heard from other professionals), just give up and tell the misguided confused kid to take the deal because he has no chance at all.

    ANY attorney, private or public, whether paid the going rate, or millions of dollars, has to work with what the client brings to the table. Did you have an alibi? Were you somewhere else? Were you framed? Were you forced at gunpoint to participate? Reduced charges typically happen when either the prosecution has a minimal case, or the defendant's cooperation is needed in order to secure a conviction against a bigger fish. Real life court doesn't work like on TV - defendants don't automatically have bargaining power. If the state has a strong case, they have no need, no reason to reduce charges or bargain. If you did what you're accused of doing, yes, you often have no chance at all. And you weren't a misguided kid in the eyes of the law, at 18 you were an ADULT.

    Ive talked to several lawyers, but i am looking for a probono lawyer or possibly a cheaper one at the moment, cause i heard there are lawyers who try cases like this that are wrongfully guilty.
    Notice how none of them have jumped up and sworn to fight to the death to protect you from this injustice? There is a REASON for that. When you plead, you remove the whole wrongful part of that.

    I have talked to 3 lawyers that said i could easily get this reduced,
    Then retain them as your attorney. But you've already pled. They're not going to do it for free after you TOLD a court you were guilty (that's what happens when you plead).

    and 1 judge that said the charges didn't merit what i did.
    Apparantly not the judge sitting on your case, which is the only judge that matters unless you file an appeal - but see the above regarding your plea.

    At this point your probably wondering why i posted in the first place if i had already talked to people.

    I figured this was a site where alot of lawyers looked at things and actually offered advice besides you deserved it(which is clear i didn't) and no im not lucky, having your whole life ruined because you were told to plead guilty for things you didn't do.
    Ok, here's where the problem comes in - your own description of the events FITS the charges that were brought. You could have requested a jury trial, buy wisely chose to listen to your attorney who knows more about the criminal trial patterns in that courtroom than just about anyone else. You don't get it yet that your plea kept you from many potential YEARS in prison. You can hire an attorney to try to accomplish that for you if you wish.

    I didn't break into anyone's house, i didn't steal anything, i didn't conspire, i didn't even break the screen door, at best i was an accomplice for criminal trespass. 10 years of probation and 16years in prison over my head and any detective or lawyer can see that what i did didn't merit my convictions.
    You are having a problem understanding this legal concept: If you rob the bank, and shoot the teller, and I'm sitting outside in the car waiting for you to drive the getaway car, I am going to be charged in that teller's death as well. You participated in parts of the crime, so you get to enjoy the charges related to that crime, even ones that you personally didn't commit with your own hands.

    The law system is supposed to provide justice. Justice would have been making our stupid asses pay for the door and apologize.
    That would have done little to provide comfort to the victims who have to wonder when you're coming BACK.

    Maybe even go to jail for criminal trespass! But comon... this is overdoing it. Since when have we become a society of crusifiers.
    Since people who get caught doing a crime once continue to commit additional crimes?

    Anyway im rambling and probably comming off ignorant.
    Ipso facto.


    But i have always had public defenders, even gotten convicted of walking in the street and all my lawyer did was sit there and let me get convicted of a ticket for walking in the street. All of them that i have had just sat there and watched. No questions, no rebuttles. Its a shame that ive had such lazy lawyers, and that this has made such a huge impact on who i am and how i feel about court apointed lawyer.
    How about just not getting yourself into situations where you're getting arrested? If you plan to commit additional crimes, learn from your past ones and save up for a kick ass attorney FIRST if you're convinced you'll get a different outcome. Note your own comment: "I have always had public defenders". That alone tells us much. It tells us that you have developed a pattern of getting yourself in trouble, and then wanting to blame others for not being able to get you off the hook and make the problem disappear. If you're tired of bad consequences, start making better choices, ones that don't end with you NEEDING an attorney of ANY type. You are missing one important thing about these repeated incidents you mysteriously find yourself implicated in: that YOU are in the middle of them.

  7. #7
    Join Date
    Feb 2010
    Posts
    18

    Default Re: Wrongfully Charged

    When I say nailed to the cross obviously prison was on the table its nice to have it off. But for doing absolutely nothing I was given 10 years probation, i can't get any decent job, im not 25 have a college degree and no place will hire me.

    My life is ruined until i get this taken care of... litterally.

    That is nailed to the cross, thats hardly a slap on the wrist and telling me its wrong. Thats cruisifing me over nothing. No one was hurt, $50 in dmg was paid for and THEN some, and nothing was wrong. The lady even said she didn't want us prosecuted but the state picked it up.

    Since when is that justice? Since when is putting a kid through this much hell over nothing showing him right from wrong? If i would have had the money i clearly wouldn't have plead guilty, but i was confused and scared, i was a kid for christ sake... Does no one here have compassion or any helpful things i can do? Or is it all sarcasim and shunning me away like im a fool and i deserve it.

  8. #8
    Join Date
    Feb 2010
    Posts
    18

    Default Re: Wrongfully Charged

    Also about the me having public defenders must mean im always in trouble bit is ignorant of you, Besides those 2 times i have never been in trouble outside of traffic court thus the example of me walking in the street, ive also been charged of wreckless driving, these are hardly "getting in trouble", these are minor charges that carry with it nothing except fines, which i have paid them all off and cleared my driving record of such.

    It offends me that instead of being a helpful forum for information it has become a thread of shunning me away and telling me i deserve it all. I really hope this site doesn't do this to everyone that seeks help.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Wrongfully Charged

    No, only to those who are incapable of taking responsibility for their own actions and who try to blame everyone else up to and including message boards for it when they have to suffer the consequences.

    This board does not provide names or referrals. To anyone - you are not being singled out. If it was your expectation that we would find you, or cause you to find, an attorney at all, let alone an attorney would would take your case pro bono, your expectations were sorely misplaced.

    I will be sure to tell the public defenders of my acquaintance, who went to the same law schools as "real lawyers" and who graduated with the same degrees and took the same bar exam, that they are not real.

    If you have talked to attorneys who believe you have a case to bring, by all means hire one of them. You're not going to find an attorney here.

    You may find this hard to believe, but there are those of us who have managed to live our entire lives without ever having been charged with anything, even "minor offenses". Probation, even a 10 year probation, for a habitual offender with multiple charges in multiple cities, may indeed mean that the system is broken, but not because you were "wrongfully charged?". The system is broken because you are on probation and not in jail.

  10. #10
    Join Date
    Feb 2010
    Posts
    18

    Default Re: Wrongfully Charged

    Quote Quoting cbg
    View Post
    I will be sure to tell the public defenders of my acquaintance, who went to the same law schools as "real lawyers" and who graduated with the same degrees and took the same bar exam, that they are not real.
    Good, because they aren't.

    Quote Quoting cbg
    View Post
    Probation, even a 10 year probation, for a habitual offender with multiple charges in multiple cities, may indeed mean that the system is broken, but not because you were "wrongfully charged?". The system is broken because you are on probation and not in jail.
    Nope, people like you is why the system is broken. Try again.

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Drug Possession: Wrongfully Charged With Drug Possession
    By mori in forum Criminal Charges
    Replies: 7
    Last Post: 11-05-2010, 01:36 PM
  2. Assault & Battery: Wrongfully Charged
    By laiciel in forum Criminal Charges
    Replies: 1
    Last Post: 11-18-2009, 07:50 AM
  3. Wrongfully Charged
    By SMartinez in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-27-2009, 06:47 PM
  4. Retail Fraud / Shoplifting: Wrongfully Charged For Shoplifting In Target
    By iyanad06 in forum Criminal Charges
    Replies: 6
    Last Post: 12-20-2007, 12:33 AM
  5. Assault & Battery: Wrongfully Charged with Assault of a Police Officer
    By goodlife in forum Criminal Charges
    Replies: 1
    Last Post: 08-25-2007, 08:29 AM
 
 
Sponsored Links

Legal Help, Information and Resources