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I was convicted of a felony in Vermont. Was incarcerated for 3 months. Was put on probation for 2 to 5 years. I have complete 24 months of counseling for sex offenders. I was arrested in an police sting. There was no victim. I was never read my rights. I abandon the crime. I had two phsyco evaluations done which were noted that I never would have followed through with the crime that I was convicted of. I have never been arrested in my life. I am 32 years of age. I have never done drugs, never smoked and do not drink. I have already spent $40,000.00. The only thing that I am guilty of is talking sexual on the computer and driving through the parking lot 30 minutes before I was suppose to be there. I never stopped. All I want is to get a job back in a super market. And have this felony reduced to a misdemenor. Is there any thing I can do?
Submitted: 307 days and 6 hours ago.
Category: Criminal Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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Posted by
Prosecutor
307 days and 6 hours ago.
Answer
Unfortunately, under the law, if you take a "significant step" toward committing a crime, you are guilty of attempt, which is punishable as if you had completed the crime. The fact that you made arrangements and drove to the location are significant steps, so there's not a lot you can do.
There are a couple of post-conviction remedies you could try if your conviction was defective for some violation of your constituitonal rights (ineffective assistance of counsel, for one). If you are still on probation, you can file a post conviction petition. You might also be able to file for a writ of error coram nobis, which asserts that your conviction is fundamentally against justice. I don't know what went on with your case so I don't know if you actually have those grounds, but you might want to consult a criminal attorney who is experienced in post conviction filings to review the records and see if you have a basis. Otherwise, at this juncture, there is not much else you can do about your conviction.
307 days and 5 hours ago.
Reply
I understand that I did attempt, but did not follow through. And there are people out there committing more serious sexual crimes and receiving alot less. And not felonies. Because I was never arrested and never had any reason to hire a lawyer I had know idea what questions to ask and what to agree to or disagree to.
Answer
It doesn't matter--under the law you are as guilty as if you followed through. The law punishes the intent, not the action. For example, if someone shot someone in the head and they happened to live, the law doesn't want to reward that person because they were a bad shot. From your significant steps, the law infers that you intended to follow through with it and would have but for the police stopping you.
If you were questioned without being advised of your rights, then you may have a grounds for the petitions that I mentioned above for ineffective assistance of counsel, if your lawyer didn't try to get statements that you made suppressed.
Expert:
Prosecutor
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Answered:
1/19/2009
Criminal Justice Lawyer
4 years as a prosecutor, 1 year as a judicial law clerk
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