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Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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how would someone file a petition from prison to change the

Customer Question

how would someone file a petition from prison to change the status level of sex offense?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.

Dear Customer

I would like to assist you with this matter - but I need a bit more information.

Was there a trial or did the inmate take a plea to the charge?

Thank you for the further information ~ Michelle

Customer: replied 8 years ago.
In 1986 he was convicted of involuntary manslaughter, kidnapping and burglary. At the time, he was 18 and the victim 17...the co-defendant was initially charged with murder and later was plea-bargained and his charge was reduced to involuntary manslaughter.   Just recently, the man I'm trying to get info for received a letter from Columbus, telling him he had to file a petition if he wanted his status reduced, currently, his status has him as a sexual predator and it he has never gone to court over this status, none of his criteria meets that of a sexual predator, except possibly the kidnapping charge, which was kidnapping of a minor, but there was no ritualistic killing or anything like that.   In the beginning, his court appointed exhausted all of his appeals, so at this point, we'd like to file this petition the court has requested and change his status, there was a trial, years ago...does a convicted felon have to have a hearing on the status of something like the labeling of whether or not a sex offender?
Expert:  Michelle replied 8 years ago.

Dear Customer

Yes, there would need to be hearing which is commonly referred to as a Habeas Corpus - what you would be filing is a Post Conviction - this is the only way after all appeals are exhausted to proceed - this involves a brief stating that the charge is wrong and that is based on some error in the law or error on the part of the courts. There should be an accompanying Memorandum of Law with supporting case law on the prinicpals that are bring challenged as in error.

Best of success to you

Michelle and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
so, in short, is that the "petition" they asked him to file if he wants to argue his status?
Expert:  Michelle replied 8 years ago.

Dear Customer

Yes. Please CLICK HERE to read the Ohio Code on the Petition

Best of success to you

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