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Recent Acquittal questions

I'm in a bad spot. I was charged with passing bad checks in

I'm in a bad spot. I was charged with passing bad checks in October 2014. I had a public defender and never really conferred with her regarding my case. She managed to make a plea deal for a reduced charge of unauthorized use of property if I pled guilty. I asked several times if the conviction could be expunged and she insisted it could. So I trusted her and took the deal.I had the conviction expunged in 2015. Moved on and gave it no more thought. I work in elder care as a nurses aide and of course I have to do background checks. Well, my employer was able to see the conviction and I was taken off the schedule. I presented my paperwork and it was then that ii discovered that the conviction was merely sealed, not expunged.I feel that I had ineffective counsel because my attorney failed to inform me of the ramifications of pleading guilty to the charge of unauthorized use of property. I received incorrect information regarding expungement; adult convictions cannot be expunged in the state of Ohio. Only dismissals, no bills and acquittals can be expunged and if I had known this, I would have agreed to make payment instead.What recourse do I have in this case? Would I be able to petition the court to set aside the conviction due to ineffective counsel? I feel that my attorney should have known and informed me of the correct information regarding my case and only pushed for a plea to get the case over with.

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CrimDefense

Juris Doctor

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Can a DA ignore blatant obviously lies and contradictions by

Can a DA ignore blatant obviously lies and contradictions by their witnesses, even to the point of perjury, and continue pursuing charges when these lies would no doubt have proven the defendants innocence? Isn't that bad faith?

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Ely

Counselor at Law

Juris Doctor

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My husband was convicted of "pro poss of weapons/awaiting

My husband was convicted of "pro poss of weapons/awaiting sentencing. We found out that the atty. representing him was notified that his lic. was being taken away from him and that that he took our case knowing that he was going to be disbarred. A Pub. Defend. has been assigned to my husband. Can we file an appeal ? Or, ask for a new trial. My husband was not guilty of a weapon charge, except that 2 guns were found in the attic of our home after police came rushing in our home in pursuit of a neighbor who had a warrant. The guns were up there for over 30 years and never touched by him.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: In Az. Warrant issued against neighbor on 1/9/16 and quashed on 1/23/16 and our home searched on 1/28/16.JA: Have you consulted a lawyer yet?Customer: He took the matter to a jury trial and was found guility of prohibited possession of a weapon. But we believe because the atty. representing him was disbarred one day after his trial ended and the fact that the atty. did not file a Motion to Suppress evidence in a timely manner caused the guilty verdict. Should we file an appeal or request a mistrial.JA: Is there anything else important you think the Criminal Lawyer should know?Customer: The warrant issued was not a search warrant, initially, it was for a neighbor and that warrant was quashed 5 days before the incident.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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My daughter a student got a citation to appear in court

my daughter a student got a citation to appear in court 31may for a charge of allegedly battery and assault by a room mate which totally false, she has a witness that can witness this false accusation. my question is , is it necessary for her to have a lawyer present with her when she appears in court?

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Zoey_ JD

Doctoral Degree

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My son was sentenced to 20 to 90 years on april 10, 2016 and

my son was sentenced to 20 to 90 years on april 10, 2016 and I was told by his lawyer at the time to wait until the election that will be may 10, 2016 and try to appeal but I am not sure how to go about it and if that is even possible.JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?Customer: yesJA: What advice did they give you?Customer: he had a court appointed lawyer at the time. and it didn't seem like he cared about trying to get any information or doing anything to help my son until it was too late.JA: Is there anything else important you think the Criminal Lawyer should know?Customer: after the judge sentenced my son the lawyer said that the judge was probably so harsh because it was an election year and that we could try to appeal after the may electionJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.

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Zoey_ JD

Doctoral Degree

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My family wants me to admit guilt to a stalking charge which

My family wants me to admit guilt to a stalking charge which I don't feel I am guilty of via Mental Health Court. There is a bunch of literature in the charge that does not add up at all ( mis-information. ) What should I do?JA: Thanks. Can you give me any more details about your issue?Customer: what is needed? There are too many. A lot of drama and a business relationship that was mixed with a perosnal relationship and a no contact order and I ran from police because I did not want to lose the lady I was doing business with who was a very good friendJA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Zoey_ JD

Doctoral Degree

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If I believe a case was improperly handled or that there was

If I believe a case was improperly handled or that there was some other issue with the case, namely that the person filing the charges lied, would it be possible to file a motion of acquittal. The case is from 2001.If so, do you have a sample of a motion for acquittal?The shielding laws do not allow for shielding of the case but I feel a strong case could be made that the other party made false statements in an effort to influence the courts opinion and decision.

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Zoey_ JD

Doctoral Degree

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I was sentence in January of this year to comply to serve a

I was sentence in January of this year to comply to serve a 3 year probation sentence. I was convicted with two class six felonies for poss. of marijuana. I feel I was wrongfully represented by my court appointed lawyer and feel the pre-sentence report by deputy probation officer(baliff) lead to this.

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Zoey_ JD

Doctoral Degree

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How does someone get something expunged of their record if

how does someone get something expunged of their record if no charges were filed and case was dismissed.

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CrimDefense

Juris Doctor

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