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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21903
Experience:  General practice of law with emphasis in family law.
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Hello my name is jonathan Coburn out of Casper Wyoming. I want

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Hello my name is XXXXX XXXXX xxxxx xxxxxxx. I want to appeal a plea bargan because I feel I was mis led by my public defender and the basis of my plea was not held up on the courts end and my probation officers end. The plea was made so as not to be treated as a sexual offence and I have been treated as a sex offender since day one. The evaluation that I had gotten done, by the state, was unprofessional. I was asked to tell my side of the story and was then called a liar and told that I LOOKED like a sex offender and given level 10 treatment. This was NOT part of my plea agreement. I was sent to this "professional" by my probation officer and was denied the right to go to a more professional person for a second oppinion. I have compleated 6 months of my probation with no violations all fines paid off. An A.S.I and ffollow up treatment, and about 3 week or 6 classes from done and my probation officer is trying to add things that were not listed on the plea. My lawer also informed me that a jury or bench trial would be a 100% loss. Because of the nature of the crime and she told me "I will not get up and be aggressive on the stand and look like an ass that doesn't care. I will not fight for you agressivly the way you are asking" Please contact me on my cell at xxxx xxxx or my emailXXX@XXXXXX.XXX I truly believe that I was not properly represented by the public defender and feel I was FORCED into the no contest plea of unlawful/rude or incelent touch. Please contact me at your convience and let me know if you may or may not be able to help me with this legal issue.
Submitted: 4 years ago.
Category: Family Law
Expert:  Samuel II replied 4 years ago.

Hi

 

JA experts are precluded from representing JA customers. We can only give guidance and information and not advice, as per the JA Terms of Service.

 

Therefore, if you want to file a post conviction - as an appeal is not allowed on a plea agreement - then you should be consulting with a local attorney. A post conviction is an attempt to have the plea agreement changed and it involves using case law in a legal memorandum of law. So, a local attorney is you best option.

 

If you have any questions, that I might be able to assist you with, you can post them here as a follow up

 

Customer: replied 4 years ago.

Ok the one benefit of my Public defender was I don't have to register as a sex offender. what do I need to do to have this expundged and get a reconsideration of my probation. I have all but compleated all requierments as plea was writen. the reason I ended up in Sex offender treatment was one of the listed thing on my plea was something like this

 

requierment 9

must compleat an A.S.I

 

Requierment 10

must do any and all counsoling as recomended by probation

 

that last one is where I belive I got hung up.

 

There is no officent time to compleat the sex offender treatment with in my 6 months remaining. Again that was not writen that I had to do sex treatment. my offical charge is Unlawful contact- rude or insolent tuch.

 

I have been attending this treatment for the last 6 months and i belive it is doing more harm then good. Being in thoes classes are puting inaproprate thoughts in my mind making me fearful of Society and any kids. I have Attention hiper active disorder and often act like a kid myself. kids engage in playful activity in my daily functions and I am fearful that any contact like them hunging me and just being playful around me will be mis - con- trude and looked at as if I am being a pretator. I just want to be done with this and be able to live a normal life move on etc. I need to know the steps in fileing for early termination of probation and some how having this offence gone from my record so I am not par-a-noid about life children etc.

 

The person who accused me I use to use Marijuana and drink socialy with her and pervided transportation to her needs. At one point her son robed my place and him and his juvinial friend were breaking in my house and van-dole-iz-ing my place. I confronted her about it and thats when things became hostle.

 

I was at another nabors house for a foot ball game and was having BBQ and beer when her daughter had set next to me. I got up to go to the bathroom and relive my self from the boos and soke my semi long hire due to the heat. went back to the sofa that we were sitting on and while I was sitting I seen my hair brush between me and her daughter. I leaned over the arm of the couch to put room between my thy and hers to reach for my brush and in the proces it barly tuched her skirt. and that was the fule the mother who I would no longer continue unlawful relations of partying with use to file sexual assalt on me. I had two witnesses in my behafe but my attornie avised me because they were drinking that they were not creditable. I say so was the mother accuseing me and her boyfriend accuseing me. the daughter I belive was coxed in the telling her side. alson the inital police report was exagerated and to adult and profesinal to be made by a 12 year old girl. What can I do to rezolve my problem. Early termination and expunge this offence. I don't know if it makes a difference but the family that accused me is no longer living in this state. my witnesses are thoe. I take full responcibility that I do have a substance abuse problem and am activly seeking treatment and have been for 6 month but for and accu- sas -tion such as this is un nessesary. I belive this was a personal hit do to me not sharing my drugs and boos with her. I have definity learned my lesson on the importance of not using drugs. I almost became a sex offender of nothing but drug abuse. This was a very poor decision in my life. What can I do to improve my life and re zalve. my probation and expunge my record. sincerly jonathan Coburn. of Casper Wyoming. Pleas respond soon. thanks again

Expert:  Samuel II replied 4 years ago.

Hi

 

You will need to request a pardon before you can get an expungement. Unless this was a deferred adjudication. At any rate, you will need to wait until your probation is completely and successfully completed before you can do either of those procedures.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21903
Experience: General practice of law with emphasis in family law.
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