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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26758
Experience:  Began practicing law in 1992
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Hello Sirs, My question may seem igmorant and for that i apologise.

Resolved Question:

Hello Sirs, My question may seem igmorant and for that i apologise. I am a convicted felon, i plea bargained a class 5 felony of attempted sexual assult on a minor. The minor was my 13 year old daughter.There was no crime committed, my daughter is now 23 and feels this injustice that i am a registered sex offender for a crime i did not commit. I made the plea bargain 1st because i'll admit i was scared shitless and secondly to keep my daughter from being dragged through an ugly court case that my public defender swore would ensue, he also said the 3 years i recieved from the class 5 was nothing compared to the 30+ years i could get if it went to trial. My daughter is willing to make or sign any statement to authorities to right this wrong. How should i procede or do i just let bygones be bygones? BY the way the case is in Colorado if that helps, also i served my time and I've been done for 6 years with the case. This is the only thing on my record, i even have a clean driving record 1 speeding ticket scince 1988. Thank you for your time, and any advice i might recieve.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

At this late stage the only way to challenge the case is through a Writ of Habeas Corpus.

Customer:

Hello,

JD 1992 :

The counselor is normally correct in that a Writ of Habeas Corpus is not suitable unless you are in prison, on parole or on probation. However, in this case you may be able to use it if you are still on a sec offender list. You can also likely use that method since you woudl be required to register if you move somewhere else.

JD 1992 :

And hi back!

Customer:

and how does that work and would it be expensive? I truly feel had i had the money for a normal layer at the time i would have won the case then

JD 1992 :

It is reasonable expensive but how much depends on the lawyer. It will be several thousand dollars minimum. Habeas Corpus proceedings are extremely complicated. You file a petition in the original court and then take it through the various courts of appeals.

Customer:

But i was on minimum wage job and actually hired a lawyer who took my 5,000 i had scraped up after selling everything i owened and told me he needed 25,000 more after only 30 days when he said he had spent the retainer.

JD 1992 :

Unfortunately, there are a lot of lawyer like that out there.

Customer:

I don't have 1,000's to spend on this , i could maybe afford 2,000 but that would wipe me out i still don't make that much money.

JD 1992 :

You can look on the internet for lawyers near you who do habeas corpus work. Some of them might do it for that price, although it is unlikely. They may also let you work out a payment plan.

Customer:

Would it be cheaper to just get me off the registry and leave the conviction? SO I can at least make it easier to move and live?

JD 1992 :

It probably would but you would still be required to register if you move to certain states..

JD 1992 :

Some require lifetime registration even if you were released from registration in your home sttae.

Customer:

Well I am staying in Colorado so that is the one i'm concerened with. The RSO is making it more difficult to take over the business that i work for the owner is retireing and wants to sell me the business.

JD 1992 :

If you are staying in CO then it would definitely be easier and certainly cheaper just to let the registration requirement expire.

Customer:

Yes but the owner can't wait the 4 years left until i can petition the court to retire

JD 1992 :

You could form a corporation and have the corporation purchase the business and then you work for the corporation. That's usually a better way to do it anyway.

Customer:

This business only has 4 employees ,

JD 1992 :

It doesn't matter. A corporation can have 1 employee.

JD 1992 :

Or no employees.

Customer:

Could I hire a lawyer just to file for the early release of the RSO with the evidence from my daughter factored in?

JD 1992 :

Sure.

Customer:

Would that be expensive?

JD 1992 :

That should easily be within your budget.

Customer:

That would help, so what kind of lawyer do i need to look for and what would the case be considered? So I don't sound ignorant when i speak to him? :-)

JD 1992 :

Look for a lawyer that does criminal work. Most of them could do it. You would ask for an early release from registration. You can also talk to them about "expungement". I don't think the crime you pled to is one for which you can get an expungement but I'm not 100% sure and the website that I use to look at the statute appears to be down this monring.

JD 1992 :

Anything else I can assist with?

Customer:

Just my luck on the website thing lol

JD 1992 :

It happens, but that is something you want to talk about in person anyway and the lawyer won't charge extra to tell you if you qualify.

Customer:

OK so i need a criminal lawyer

JD 1992 :

Yes.

Customer:

And it should be under the $2000 that i can come up with?

JD 1992 :

I would think so. You may have to shop around a little but that should be more than enough.

Customer:

Ok final question, HOW do I know if the lawyer knows his stuff and won't jsut take my money like the last experience i had?

JD 1992 :

There really is no way to know for sure. However, this one isn't as hard as a trial.

Customer:

Would my Daughter have to appear or can she just make a statement under oath somewhere because she lives in Oklahoma and is only here visiting for the next week.

JD 1992 :

She would usually have to appear. However, some judges would be willing to accept an affidavit though so ask the lawyer about that as well.

Customer:

OK I could allways drive down and bring her back here to see the judge if it was required.

Customer:

Thank you for your time. Just gonna save this conversation so i don't forget anything.4

JD 1992 :

Once you issue your positive rating it will be available for a long time so you can always come back to it for reference.

JD 1992 :

Good luck to you. I'm just about to sign off but if you have anything else I'll be back online tonight.

JD 1992 :

 


Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Customer:

hAVE A GREAT DAY

JD 1992 :

Thanks, XXXXX XXXXX online if you need me.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26758
Experience: Began practicing law in 1992
Dwayne B. and 11 other Legal Specialists are ready to help you

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