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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111605
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Lissa I am Lisa and I wanted to know how I can overturn a fedral co

Customer Question

Hi Lissa I am Lisa and I wanted to know how I can overturn a fedral conviction, can it be done? It was one count of fraud against social security. My grandmother died and I sent them her death certificate, and they kept sending me her checks, again I sent them a registered copy of her death certificate but they kept sending me her checks.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You went to trial and were found guilty or you entered a plea deal? How long ago did this happen?
What is your legal basis for your appeal?
Customer: replied 1 year ago.
I entered a plea deal because the public defender in Seattle wasn't that enthusiastic about defending me. It happened it 15 years ago. My legal basis for my appeal is that I had diminished mental capacity, I was and continue suffer from PTSD, and when my grandmother died, that I almost had a successful suicide attempt.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am afraid that this is going to be nearly impossible to do because it happened 15 years ago and because when entering a plea agreement you waive your rights to appeal. Thus, in order to try to do anything it would require filing a Motion for Post Conviction Relief and you would have to prove through medical records and testimony that at the time you entered the plea that you lacked the mental capacity to knowingly agree to the plea agreement AND IN ADDITION TO THAT you would have to prove that you ONLY JUST NOW regained your mental capacity. This is going to depend on the strength of your medical witness testimony and very few of these motions are granted by the courts I am sorry to say.
You cannot file an "appeal" though in this case because of the plea and time, you have to file the Motion for Post Conviction Relief in the court where the plea was entered and convince the court as I said above. This mandates you use an attorney to represent you on this locally and most will not do this pro bono because it is a very difficult motion to argue, much less win.
Customer: replied 1 year ago.
Thanks for so much. I knew it probably be a long shot. But I am still paying for this crime for 15 years. Which the Court's Attorney is still making my life miserable, and I am not even on probation.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am sorry to hear that is happening. Unfortunately, your only other remaining recourse other than post conviction relief is to file an application for pardon with the US Pardon Attorney and seek a Presidential Pardon: http://www.justice.gov/pardon/application-forms
Very few pardons are granted, usually less than 20% of the applications submitted, but that is your only other recourse.