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At this late stage the only way to challenge the case is through a Writ of Habeas Corpus.
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.
And hi back!
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
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.
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.
Unfortunately, there are a lot of lawyer like that out there.
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.
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.
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?
It probably would but you would still be required to register if you move to certain states..
Some require lifetime registration even if you were released from registration in your home sttae.
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.
If you are staying in CO then it would definitely be easier and certainly cheaper just to let the registration requirement expire.
Yes but the owner can't wait the 4 years left until i can petition the court to retire
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.
This business only has 4 employees ,
It doesn't matter. A corporation can have 1 employee.
Or no employees.
Could I hire a lawyer just to file for the early release of the RSO with the evidence from my daughter factored in?
Would that be expensive?
That should easily be within your budget.
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? :-)
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.
Anything else I can assist with?
Just my luck on the website thing lol
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.
OK so i need a criminal lawyer
And it should be under the $2000 that i can come up with?
I would think so. You may have to shop around a little but that should be more than enough.
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?
There really is no way to know for sure. However, this one isn't as hard as a trial.
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.
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.
OK I could allways drive down and bring her back here to see the judge if it was required.
Thank you for your time. Just gonna save this conversation so i don't forget anything.4
Once you issue your positive rating it will be available for a long time so you can always come back to it for reference.
Good luck to you. I'm just about to sign off but if you have anything else I'll be back online tonight.
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