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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23188
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have recently reviewing my felony case that happen dec

Customer Question

Hi I have recently reviewing my felony case that happen dec 2005 . I noticed that I don't have a indictment on file with district office and that I was convicted with no evidence on file. Help
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 1 month ago.

Were you connected by trial or by plea? In what US state?

Customer: replied 1 month ago.
Expert:  Zoey_ JD replied 1 month ago.

Thank you.

How long was your case pending before you took your plea? That is, approximately how many times did you go to court before you took your plea? Were you represented by counsel?

Customer: replied 1 month ago.
Has public defender arrested December 3 2005 took deferred probation . Violated probation and Re sentenced 2007 .
Customer: replied 1 month ago.
It was a procession case
Expert:  Zoey_ JD replied 1 month ago.

Thanks again.

This doesn't look irregular to me.

It is typical that the most generous plea offers are given to a felony defendant pre indictment, because once a grand jury has voted a true bill, that limits a prosecutor's discretion to bargain. Additionally, when a defendant takes a plea, by definition he gives up his right to confront the witnesses and the evidence against him.

This doesn't mean that the prosecutor wouldn't have been able to get an indictment or that the prosecutor didn't have any evidence against you. It means you got a good deal and cut your losses early enough so that the indictment was not yet voted and the discovery not yet turned over to your lawyer. So none of that would be on file.

You can contact your public defender and have him look into this and address it, but I suspect you will hear much the same as what I've told you.

Customer: replied 1 month ago.
It was my first case I was wondering if I could do to get it exsponged because it interfere with me getting Jobs.
Expert:  Zoey_ JD replied 1 month ago.

Unfortunately no, because you violated the terms of your probation and were resentenced. Had you successfully completed a deferral involving community supervision, you'd have been eligible for an order of non-disclosure which would have sealed the record.

The only way you'd be able to expunge your conviction at this point would be if you were able to get a pardon from your governor. Pardons are difficult to get, but not impossible. They are free to apply for and you would not need a lawyer to do this for you. Here is the application for the Pardon.

Expert:  Zoey_ JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 1 month ago.
Hi. Yes I still need more advice
Expert:  Zoey_ JD replied 1 month ago.

If it is related to this question that you first asked, please tell me what it is you want to know. If it is not, please rate my service with this question so that I can get credit for my work, and open up a brand-new question to my attention, and I will further assist you.

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