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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4021
Experience:  9 years legal experience, primarily in criminal justice
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Okay, so as per another question I asked, due to a Misdemeanor

Resolved Question:

Okay, so as per another question I asked, due to a Misdemeanor Dv conviction that will be set aside in 2 years, I can not own a firearm, or possess one. I can not hunt with my fiance on public lands in fear of game wardens who may run my background and arrest me for CONSTRUCTIVE possession even she fires/hold the firearm/longarm hunting rifle.

My question is what are the 'rules/risks/stakes' for hunting on Private Land?
There should/would not be LEO or Fish and Game personnel there. Am I at risk hunting on private land, be it my own or someone elses? If I own 20 acres of backwoods, can I hunt there, using legal game tags etc?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 4 years ago.
Hello.
Under federal and state law, you cannot possess any kind of firearm, anywhere. Not on private land, not on public streets, and not in your own home. If you are with someone who is possessing a gun publicly or privately, you run the risk of being arrested for being a prohibited person in possession of a firearm as well.
Customer: replied 4 years ago.
So if I didnt know this would impact my basic rights, or was advised by my last counsel to take this 'plea offer' and now I realize it was a mistake, and I'd rather have gone to trial for it as I would have probably won, how can I go back and appeal this? I wasnt appropriately informed by my previous counsel of teh ramifications.

I am looking for a WA lawyer to appeal the plea/disposition I agreed to. If I appeal the case, and can get them to let me go to trial on this, and am acquitted, would the fact that I was arrested for this still ban me at an BATF/FBI level even if I can overturn the municipal DV case?
Expert:  Hammer O'Justice replied 4 years ago.
It depends on how long ago it was. Generally, most motions and appeals must be taken within thirty days of your conviction. It is possible that you may have some grounds for a form of post conviction or habeas relief. You may want to retain a (different) lawyer to review the transcript of your plea to determine if you'd have grounds worth pursuing.

If you are able to get it overturned, then you would not be banned from possessing firearms. An arrest doesn't ban you from owning a firearm, only a conviction does.
Customer: replied 4 years ago.
so if my guilty plea appears today but is gone tomorrow via expungement then one can own a rifle and hunt? That makes it worth the cost and the wait. I am older now and want to do things legally.know a good appelate lawyer in Wa?
Expert:  Hammer O'Justice replied 4 years ago.
If the conviction is vacated because it is an invalid conviction, then it would not affect your right to own a firearm. However, in Washington State, an expungement of a conviction does not automatically restore your firearm rights; you have to follow the process to restore your gun rights. So if your conviction is reversed because it should have never happened, your gun rights would automatically be restored, but if you have a legitimate conviction expunged in the ordinary course, it would not restore your firearm rights by itself.

We cannot do referrals on this site, but if you go to www.martindale.com and search for criminal attorneys in your city/state, it will give you a place to start. Not all criminal attorneys do this kind of work, but most will know someone who does, so you can request a referral from those attorneys.
Customer: replied 4 years ago.
I do appreciate your help..What are some of the ways to make it an invalid conviction if I voluntarily accepted a guilty plea 'deal' as they had made it seem instead of going to a jury trial for this? I shoulda gone to trial, she'd not have shown, it have gotten tossed, my loss for wanting it 'over with'..
That sounds like something creative, and could be good to know more about..what are grounds for an invalid conviction in my case?

So, today I looked at my papers, and it appears that for 1 year I have entered a plea of guilty to Assault4, which is 'misdemeanor DV' thereafter it looks like I would get a charge of 'disorderly conduct-guilty' does that make any sense to you? They are calling this 'set aside'?
Expert:  Hammer O'Justice replied 4 years ago.
I can't tell you what grounds you'd have for appealing the plea because that would require reviewing the transcript. It is nearly impossible to overturn a knowing and voluntary plea of guilt, however.

On a first conviction, many states will offer that kind of deferred prosecution agreement where a conviction would be set aside or reduced.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4021
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and other Criminal Law Specialists are ready to help you

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