Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
Are you online with me?
Welcome to JustAnswer.com
I am sorry to hear about your unfortunate experience with police and the state.
yes I am. I'm here
Can you please tell me if have spend any time being incarcerated for this charge?
I was in jail for 19 days. Actually I ended up pleading guilty in response to numerous instances of police fraud and prosecutorial cut corners, but afterward we had the guilty plea reversed and case dismissed. The DA herself filed the motion on my behalf. It is rare that this happens, but it did in my own instance. I also ended up serving a two year probation. But now case is dismissed
Did the order setting aside your conviction stated that it was being set aside for police misconduct / fraud and prosecutorial misconduct?
It was actually a deferred sentence I received, not a conviction. I never actaully looked at the actual motion. In fact I filed a motion myself--per se, and the court sent a document back stating "denied as moot" and that the guilty plea had been reversed and case dismissed on 12/20/12. Not its off my record. No, i never saw the official document. It was an invalid plea, botXXXXX XXXXXne
A guilty plea can be reversed only if it was made involunarily or not knowingly
Were you allowed to enter into a deferred prosecution as a first time offender?
yes, i was a first time offender. I recieved an extremely light sentence, but that wasn't the point...I shouldn't have been arrested in the first place
Did your plea state that the prosecution of your case and the sentence would be deferred and upon completion of your probation sentence the case against you would be dismissed?
No. Only I would have to seal it. What happened was soon after my probation ended I mailed a report to the DA in charge of my case listing all the police errors--everything was in writing. These errors were non-debatable. The Da apparently then took time out to write up and file a motion on my behalf with the District court for a reversal of plea. The District court reversed the plea and then dismissed the case
That is in fact unusual move by the DA
What was the reversed conviction for?
Yes, very unusual. I put pressure on her by constructing a website and going public
very interesting and creative!
Anyway now I would like to sue. And am looking for a lawyer
It was felony stalking. But aside from the police errors I was being lied about and the was misunderstood. Part of the reason I pled guilty (actually I wanted to pled no contest) was the DA knew about all the lies and was continueng with the case. Part of the onus was on herself
thank you for this follow up.
When did you plea guilty to this charge?
I mean what was the date?
Originally I plead "not guilty", then finally I agreed to plead "no contest" but the judge at the hearing would only allow a guilty plea. It was in the fall of 2010
let me check on the statute of limitation for you.
Was this in Colorado?
I think I read "three years" somewhere
I am afraid that the SOL under the state law would be 1 year.
Please give me a minute to further research to see the SOL under the federal law
See, I don't understand this. I read online about inmates who have been incarcerated for over a decade say, new evidence comes up, their conviction gets overturned, and then they sue. They sue, and yet it was over ten years since they were arrested falsely
It is also 2 year SOL even the the civil rights violation claim pursued in federal court in Colorado
what is SOL?
Statute of Limitations from the time of incident.
is it two years since the false arrest, or two years since the false arrest was overturned?
2 years from the false arrest
You see, your situation is different than situation of someone who was falsely convicted lets say for rape or murder and then the newly available DNA evidence cleared the inmate.
The difference is that the DNA evidence were not available at the time of the conviction and most wrongfully accused people were convicted at trial and did not voluntarily take a plea.
A reversal of sentence is a reversal of sentence. In both instances the authorities messed up though, right?
I am afraid that is an incorrect interpretation of the law
So basically I have to pay for the authorities being crooks. Surely this is so rule to accomodate for this
In your case, your conviction was not reverses, but simply set aside and the case was dismissed on the motion of the DA, but not on appeal or by the review by the court.
Let me ask you this.
Have you consulted with any local civil rights attorney yet?
My plea was reversed, and then the case was dismissed after plea was reversed.
Plea is not reversed, but said aside
sorry I am having an issue with my keyboard.
Yes, I talked with one lawyer when I was writing up my appeal and told him I wanted reversal of plea b/c I wanted afterward to sue. The lawyer said that was not a bad idea, and gave me some pointers. Yesterday I contacted a civil rights lawyer online but he hasn't gotten back to me
a plea or conviction can be reversed only by an appellate court's decision / order.
Well, you would want this lawyer to check on couple of things.
Statute of Limitations is one and also the fact that you voluntarily plead guilty might lessen your chances of successfully pursuing a claim.
It was an involuntary plea made in response to police fraud and cut corners by the da
also, the fact that you were only incarcerated for 19 days (I know it can feel like an eternity) would make it difficult to prove any serious direct financial damages.
Please understand, that I am on your side and I am not here to argue with you, but at the same time I do have professional obligation to provide JA customers with correct answers, even if such answer is not favorable to the customer.
Were you represented by local counsel when you entered the plea?
Yes--my lawyer urged me to accept the plea bargain
Was this a private defense counsel or a public defender?
It is indeed a rare situation. Some lawyers I have talked with on just answer have told me that I for the record would never be able to reverse my plea, that there was such thing as "finality of judgment". But I got it reversed anyway.
It was private counsel
That is another fact that would play heavily against you in this case.
As much as I hate to tell you this
I think you might be still confusing the reversal of conviction of sentence or plea with such being set aside on the state's motion.
By the way, I am not telling you that you absolutely do not have any legal recourse in this case, I am just pointing out the potential obstacles and issues that you might have to face and hopefully overcome.
Let's say for the sake of it that it was a "reversal" of sentence...what kind of chance would then I have?
I can't estimate your specific chances, however generally is sentence is reversed, due to the newly discovered evidence, such as the murder and rape conviction which occurred prior to the DNA testing being available, then it would be possible to pursue a claim, however not only you would have to prove that the evidence that you are introducing in your claim were not available at the time you took the plea, but also you would have to show injury / damages that you have suffered.
So the big cases where wrongfully accused people end up collecting millions, are usually based on many years spent in prisons
Does that make sense?
I suppose. Well, thank you anyway for all your information. I'll give you an excellent rating, for sure
I am very sorry that I could not give you more promising answer, but I think I would be providing a disservice to you, if I was to tell you what you wanted to hear and not provide you with a truthful answer, that reflect reality.
Also, to answer your other question.