How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask AttyCBradford Your Own Question

AttyCBradford
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 590
Experience:  Criminal Defense and Family law Attorney serving California statewide
66829710
Type Your Criminal Law Question Here...
AttyCBradford is online now
A new question is answered every 9 seconds

I was charged with assault & Battery and Larceny in a city

Customer Question

I was charged with assault & Battery and Larceny in a city court and I'm only 18. My mom who is a paralegal told me to plea not guilty to both as I really was not guilty. However when I went to court the judge told me I didn't have an attorney so I must file guilty or no contest. So I filed no contest, then my mom said he can't do that and she reviewed my plea statement and it said if I wanted to change it then I had to file an appeal within ten days and the judge reviewed it. I went to the one on one meeting with the judge where he read my reasons for appealing my plea and requested a bench trial. He gave me a court date of witch I thought I was going for my trial and going to represent myself, because due to my family household income i couldn't qualify for a public defender. Upon going to court again, it was just like the first time; I had to stand and make my plea of not guilty again, guilty or no contest. So when I was called, I told him I wanted to plea not guilty and I wanted a trial by judge, which I know now that means a bench trial. He asked where my attorney was, I told him I didn't have one because I couldn't afford one. Then he yelled at me and said if I could pay the bond of $480 then I can afford an attorney. My mom actually paid it, but she lost the ability to work before this court date because she began having seizures and was later diagnosed with epileptic seizure disorder. Then still raising his voice said I couldn't file not guilty without an attorney and only file guilty or no contest, so I did the no contest and was required to pay $600 per charge and all court costs. Then I went back home where I explained what happened and she said he can't do that and I had every right to file not guilty and get the bench trial. But it was too late and I couldn't appeal again because I used my appeal right after I appealed the first time. I'm struggling to pay these fines which ended up at $825 per charge and was granted another extension to pay. I had to take off a semester at college and then go to part time at work to assist my mom and stay with her when my dads at work as well as getting her to at least 3 Dr. appointments per month. I'm struggling to pay still my only bills of insurance and car payment which is about $600/month. I have only gotten one of the fines down to $275 in four months and they're due all on the 28th of June, which I can request another extension of 60 days but he said before if I'm only paying small amounts that he may just send me to jail or require it all paid that day and if not send me to jail for each charge for 60 days each. I'm hoping to get another extension, yet it will be my last allowed and again only be 60 days and not sure i can pay it all again that fast; I'm also fearful either without a new extension or not being able to all of it again if extended and the judge sending me to jail either way. I also am going to school to get my degree in teaching literature/language arts and a coach of gymnastics and hope to keep going to get my PHD. I'm worried about these charges as I've already applied at other places and they refused to hire me because of my record. I don't know what to do, my mom believes there was judicial misconduct but not sure what to do and mom thinks I should see if I can get any advice about the current situation and try to see if I could get my record expunged due to it possibly impacting my life. Both were misdemeanors and were city charges like a ticket and not county charges I was told, so I'm wondering if you could give me some advice on both matters as I really don't know what to do??
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyCBradford replied 1 year ago.

AttyCBradford :

Hello with regard to an expungement in the state of Oklahoma there are two different kinds:


A Section 18 expungement allows a person to expunge their entire arrest record.


A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will say, "pled not guilty, case dismissed". However, a 991(c) expungement will not expunge (remove) the arrest record.

AttyCBradford :

To obtain the expungement you must

AttyCBradford :

  • file a petition with the court clerk's office in the county the charges were filed

  • a hearing date is set

  • notice of the hearing must be sent to the district attorney, the arresting agency, the OSBI and anyone else involved who may have information

  • at the hearing, the judge must find that harm to the privacy of the person outweighs the public interest in keeping the records

  • and the judge issues an order to seal those records, seal part of the records or limiting access to the records.

AttyCBradford :

As for the issue of misconduct by the Judge... it sounds absolutely like there was based on your facts you should have filed an appeal on the case. What date were you convicted? there is a chance that you missed the statutory time frame to file this appeal

AttyCBradford :

I see that you have not responded do you have any further questions? If not please accept the answer

Expert:  AttyCBradford replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  AttyCBradford replied 1 year ago.
I see you have not accepted the answer was there further information I can provide? If not, please accept the questions so I can get credit for assisting you
Expert:  AttyCBradford replied 1 year ago.
I just wanted to follow up with your questions. I hope that the problem has been resolved.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.