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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16331
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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what happens if i unknowingly falsifyed federal papers. i tryed

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what happens if i unknowingly falsifyed federal papers. i tryed to buy a fire arm and on the papers i marked that i was never convicted of a felony, how ever i was convicted of a felony and plede guilty about six years ago in order to take the prop. 36 drug program. i completed the program and the complaint was dismissed. the police contacted me and said they are going to be investigating the fact that i falsifyed these papers.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello Jacustomer,

If you had your case dismissed after the completion of this program, you have the right to say that you have not been convicted of a crime. There are times when you are supposed to disclose this anyhow because under some circumstances it still counts as a conviction. This is one of those circumstances, but you may have thought you could still stand on your rights, since the case had been dismissed.

I can't say whether they will press charges or not, but since your case resulted in a dismissal it's certainly arguable that you didn't realize that you were not being truthful and any doubt as to that accrues to your benefit. So if the state does press charges, it might be well worth your while to fight this.

If the police contact you again, do not speak further about what you did. Just tell them that you are waitiing to hear from your lawyer and have nothing further to say until then. You don't have to speak to the police and risk incriminating yourself. The 5th Amendment to the Constittution protects you in that regard. The police are not looking to become your friend. They are looking to get evidence that will give the state a stronger case.

Meanwhile you can consult with a local criminal lawyer. YOu don't have to retain him or her yet as you have not been arrested and may never be. But you want to have a name and address at the ready if the police do turn the file over to the DA for prosecution.

Customer: replied 1 year ago.


how can i find out if the original felony was reduced to a misdemeanor since it was a whobbler case and i think my probation officer had done this for me but im not sure if this has ben done. If the whobbler hasnt ben reduced to a misdemeanor how can i get this reduced on a buget i only make 20,000 a year as head of the house hold. I thank you so much for your time and help. PS. the dismisal paper that i have says "DISMISSALOF COMPLAINT 1210.2(d) PC

Expert:  Zoey_ JD replied 1 year ago.
Hi Damon,

Your case was dismissed (probably reduced and dismissed) and that means, unfortunately that it's too late to do anything more with the case. The case no longer exists.

Section 1210.2 says that once you successfully complete probation under Proposition 36 the cour must set aside your conviction and dismiss the case.

As part of that 1210.1 says that the conviction is deemed never to have occurred and you're released from all disabilities that you got via the initial conviction. However, there are exceptions to that, and your firearms privileges are not restored as a result of this process. Still, like I said to you before, successfully completing proposition 36 gives you the right to say you have no criminal record. That information can be used to show that you lacked the intent to deceive.

I suspect that once the police confirm that your matter was dismissed they are likely to do nothing with you at all here. But in the unlikely event that they will, follow my earlier instructions and atl east have the name of a lawyer handy.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16331
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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