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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26828
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was assaulted by an officer, when I went to the magistrate

Customer Question

I was assaulted by an officer, when I went to the magistrate to put in my complaint, they had a felony charge waiting for me. I was arrested, and had to be bailed out. My daughter was also involved. She was intoxicated and giving the officers a hard time. The officer yanked on my daughters arm so hard, he left bruises all over her arm. When I asked the officer what he was doing to my daughter, he pushed me in my chest and I feel to the ground. When we went to court, the prosecuting attorney said we both had to take the same plea. I didn't want to see my daughter go to prison so I took a misdemeanor. My attorney told me to wait till I was off probation, (it was for a year) then I could fight the charge again. I went to another Attorney who told me that the Attorney who was representing me gave me false information. It was to late... Now I have no job, and the jobs that I want will not hire me because of this charge. This has been devastating to me. The officer who assaulted me, has been stalking me for over a year now. He will not leave me alone. I in a deep depression, and I'm close to losing my home. Please let me know what steps I need to take to end this nightmare. Thank you, Irene
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 10 months ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I'm sorry, I'm not sure exactly what you are asking. Can you be a little more specific? Are you asking what options you now have to reverse the sentence?

Customer:

Yes, I want to see if I can get this charge off my record.

JD 1992 :

You really only have two choices.

JD 1992 :

The first is a pardon.

Customer:

what are my choices?

JD 1992 :

That has to be sought from the Governor and is an extremely complicated process.

JD 1992 :

The second way is to file for a Writ of Habeas Corpus. It is kind of like an appeal.

JD 1992 :

You will need a lawyer in either of these two cases who do a lot of that kind of work.

JD 1992 :

Of the two, the pardon would be better but it is as much a political issue as it is a legal one.

JD 1992 :

Some governors are easier than others to get pardons from than others.

JD 1992 :

The Writ of Habeas Corpus is a proceeding through the courts.

JD 1992 :

However, be aware that both of these are hard to get.

Customer:

Do you know if I could get a court appointed lawyer? or find a lawyer who can do this pro bono?

Customer:

I know my attorney gave me false information. I did report him to the vba. He told me I could fight this charge after a year.

JD 1992 :

Not for these. You can contact Legal Aid but both of these are so specialized that it will be hard to find anyone to do it pro bono and the court doesn't appoint for these.

JD 1992 :

That's definitely incorrect information.

JD 1992 :

The two options I gave you are the ONLY ways to fight this after a year.

Customer:

what do you mean incorrect information?

JD 1992 :

That you could fight it after a year.

JD 1992 :

I'm not sure what he was thinking of.

Customer:

yes, so he lied to me. I know when we got to court, he was not defending me the way he said he would. I was NOT arrested at the scene, they arrested me when I went down to the sheriffs office to put in a complaint. If I did assault an officer, I should have been arrested right on the spot. The cameras were off on the police cars, It was a set up. Personally, I would love to sue the officers (this is a gated community) that were involved.

JD 1992 :

You may want to look into a potential malpractice case against him. Realistically it will be hard to prove he said that unless you have witnesses but it is worth looking into.

JD 1992 :

Did you have any additional questions about the pardon or the habeas corpus.

JD 1992 :

?

Customer:

like I said before, I did report him to the VBA.

JD 1992 :

Do you know what they did?

Customer:

I haven't heard back from them yet. I went online to put in the complaint.

JD 1992 :

Ah. If they rule in your favor that will make any malpractice case better of course. It doesn't help with the other though.

Customer:

What type of lawyer would I look for? a criminal attorney? I know at this time I can't afford a lawyer. I cannot get employment because of this charge, I'm honestly having a nervous breakdown, NOONE WILL HIRE ME!!

JD 1992 :

You will want to run searches using the term "parole lawyer" and "habeas corpus lawyer". They are both types of criminal lawyers but these two are very, very specialized types of law.

Customer:

Do you feel I will get anywhere if I write letters to the State Representatives?

JD 1992 :

As far as what?

Customer:

to get this charge off my record, and to let them know I was falsely accused, and given false information from my lawyer..

Customer:

I'm at a loss right now.. I will end up homeless, this is no way to live..

JD 1992 :

Writing the State Rep won't do any good unless you are trying for a pardon. It could help with that.

JD 1992 :

It is a terrible situation and you have my sympathies. A lawyer should never, EVER let a client accept a plea without full knowledge of what happens.

Customer:

And how do I go about that? do I explain the case?

JD 1992 :

Applying for a pardon?

Customer:

yes

JD 1992 :

It is a pretty complicated process. Let me see if I can find you something on the web that will help. Wait right here, I'll be right back.

Customer:

Thank you

JD 1992 :

Those should help.

JD 1992 :

Those provide the general information.

JD 1992 :

Here is a page from a law firm website http://www.snookandhaughey.com/criminal/expungements-and-pardons/

JD 1992 :

I don't see any forms online.

JD 1992 :

You could contact the address and phone number listed on that first link and see if you can get a copy of the pardon paperwork filed by an attorney and use that as a guide.

JD 1992 :

They should be public records.

JD 1992 :

You should call around and check prices because your chances improve greatly if you have an attorney.

Customer:

I thank you for your time. I will look into the websites you gave me. As far as an attorney, I know it's a long shot, I was thinking of getting in touch with someone at UVA law school to see if they do any pro bono cases..

JD 1992 :

That's a very good idea. I didn't think about going through the law schools and their clinics.

Customer:

I guess it doesn't hurt to try! I have nothing to loose at this point.

JD 1992 :

That's very true.

Customer:

You have been a great help.. Is there anyway of staying in touch with you so I can let you know my progress?

JD 1992 :

Yes, once you issue your Positive Rating this question will lock open and no longer time out. It also changes into a regular Q and A format. You can come back to this thread and post any follow ups. Also, if you have a new question you can start it with FOR JD 1992 and I'll pick up when I see it, I'm online most days for at least a few minutes. If you're just keeping me posted just come back to this thread so you don't have to post a fee again.

Customer:

Thank you, XXXXX XXXXX you posted!

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26828
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 7 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 10 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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