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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32739
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Researching this to see if it applies to my scenario, I pled

Customer Question

Researching this to see if it applies to my scenario, I pled out to a domestic violence charge even though i wasn't guilty to save money and time because the fines and punishment were low, then years later i find out that the guilty plea prohibits me from owning a firearm, had i known this i would never had plead guilty,.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Is there a specific question with which I could assist?
Customer: replied 1 year ago.
Yes, I was charged with domestic violence charges prior to them being associated with gun laws. I had a rocky relationship with a woman years ago who had a child, when officers showed up i allowed them to take me in and later plead guilty so she did not have to face charges (she was the aggressor) I plead guilty, went to anger management classes etc... Had it been explained to me that these charges would affect my right to own a firearm i would never had plead guilty or surrendered without a legal fight,, i want to know what options i have in restoring my gun rights,,, would the Boykin-Tahl act help in this case? I was NEVER told or advised by anyone that this verdict would affect my right to own a gun
Expert:  Dwayne B. replied 1 year ago.
You could certainly argue that this was a Boykin-Tahl error (not Act, Boykin and Tahl are two case names) but I think you are going to have problems since the loss of gun rights isn't really considered a punishment just like in sex offender cases the registration isn't considered a punishment. In addition, if the record reflects you were advised of the mandatory warnings, and the loss of gun rights isn't one of those, then Boykin-Tahl won't apply.In addition, if this happened yeas ago there are going to be issues with the delay in trying to appeal. You are probably going to have to either file an Application for Writ of Habeas Corpus or in federal court file for a declaratory judgment or an injunction to state that this was an ex post facto law but that is both an expensive process and there are problems inherent in those proceedings, not the least of which are they are extremely complicated and only a few attorneys do those. You might also consider trying for an expungement, if that is available in your state, or a pardon. Either of those, if granted, will remove the conviction and thus you would no longer be convicted of the charge and your rights would be restored. You would need to run a Google search in your area for lawyers who do those kinds of cases and sit down to discuss your chances. Expunegments are done through the courts while pardons are done through the Office of the Governor of the state where you were convicted.
Expert:  Dwayne B. replied 1 year ago.
Those are really the only options you have at this point.

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