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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26767
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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First there is more you need to know it is very very on point;

Customer Question

First there is more you need to know it is very very on point; question(s); is a plea bargain treated as a civil contract, legal purpose, offer acceptance etc. , would it be voided by my lawyer lying to me in the manner described and many other ways. What can I do on My end
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.

Thank you for requesting me. You've described a situation, but I'm not entirely sure what your question is in that you have several things going on here. So I'll try to deal with all of it.

A criminal order of protection protects the complainant from the defendant. The defendant is the one under court mandate. The complainant is not. If the complainant wants to contact the defendant, the complainant cannot get in trouble for that. The defendant, on the other hand, can get in trouble for violating the order even if the complainant initiated the contact.

Plea bargains are not civil. They are criminal. The state agrees to let a defendant plead to a certain offense for a guaranteed sentence. The defendant agrees to take the plea and serve the sentence. Because the matter is NOT civil and a defendant has to give up certain rights to take a plea in the first place, no judge will allow a plea until he has asked the defendant a number of questions to make sure that the defendant knows what he is giving up by taking the plea and that he was not in any way forced to take the agreement. The answers to those questions are in the court record, and they are there to prevent the defendant from turning around later and claiming that he didn't know what he was doing.

It is almost impossible to get your plea back once you take one. All defendants have a right not to incriminate themselves, and that can't be used against them. But once they make an admission of guilt, that can and will always be used against them.

You could make a motion to try tp get your plea back if there were important things that your lawyer failed to disclose to you about the law and/or the consequences that flow from your conviction. However, 99+% of such motions by defendants get denied, in part because of what the judge saw with his own eyes and the recored made by the defendant at the time of the plea.

If police tell you that a matter is not for criminal court but would be something that would be better addressed by you in civil or small claims court, then you need to go over their heads to the prosecutor and see if you can get the DA to press charges. If he or she also tells you that it's more appropriate a matter for civil court (extortion can be heard in either venue) then that's what you would have to do, since a DA has complete discretion in what matters he chooses to prosecute and in what way.

I think this touches upon all you want to know. If not, please use the reply tab to follow up and I can add to my answer.
Customer: replied 4 years ago.

So, what I am hearing is that I can take a sock full of oranges and hit myself with them till they leave a red mark on my face, first get to know some poor sap in a bar. chat him up, show up at his house- suitcases in hand and say --plumbing went crazy, don't wanna spend the night just need to get the luggage outa the rain and use the restroom. If the patsy says yes, you lock yourself in the BR throw around a few personal articles including, grooming supplies and an unremarkable sex toy --- nothing kinky, with lots of dna (his and mine -- I went to med school, so if there's a toilet, or a tooth brush I can get his dna and mine on it, even his fingerprints if he touches his batch'room mirror, and while this con artist is locked in and making the patsy angrier by using slimy person type streetwise psychology to push his buttons so that he's good and agitated by the time the Police arrive. All you have to do is call the cops and say my lover beats me but now I'm locked in the BR cause I was leaving him , (ala, the luggage) and I'm afraid he's gonna kill me. You then take out a restraining order, empty his bank accounts, move into his house rent free, sell all his stuff and ALL THE LAW IS ON THE CON ARTISTS SIDE.... It, ummm, sounds like the law is a sick, broken, unjust and grim world where 1+1=8 and a simple accusation, coupled with testimony from one other person who has $250k to gain and nothing to lose,(or no testimony at all,cause once you're in the system you're already guilty). Lawsuits against individuals are unenforceable -you can't get blood from a stone and most people just don't pay. It flies in the face of common sense, the Constitution, and everything that ISN'T stupid, atavistic and cruel in the human spirit, the ultra misconduct of my atty ... wow,

But O.K., I get it, I got scammed by a pro and a defence atty that acted no different from the prosecutor. But that's over 99% OK with all you who represent the law.

I knew my career was over - I can't have horribly damaged people build trust in me, because they could be progressing well into some very dark corners and find out you are published all over the net by various groups that look at court websites, go down the list of names and publish anyone convicted of rape or wifebeating --- and a client could stumble upon it by looking at the court website,Proud company I'm in -yes? I knew my things were gone forever, but it's more important to salvage a bit-just a bit of my unblemished record, my atty absolutely assured me many many times over the year that my 2nd amendment rights would ABSOLUTELY be preserved his exact words were "I'm a gun collector myself, I know the law and you're safe" --- you won't have to wear the scarlet letter of a felon , in the law ,until very recently no one not convicted of a felony could be denied one of the Bill of Rights, but the Lauridston amendment to the Brady bill which was repealed for two years then reinstated --- I had never heard of it, my understanding was just what I had heard from casual conversation and a strong statement from MY lawyer - was that wifebeaters convicted of serious assaults suffered loss of 2nd Amendment rights, I was pleading to disorderly conduct and malicious mischief - DV

MY EXACT QUESTIONS ARE THESE: In Wa I can petition the Judge to release me from the civil disability. How exactly is this done, what type of language should I use? (Were I a Judge I would want to feel sure that they were not going to do it again - hence the story of my sojourn of trying to put myself thru med school with no scholarships, grants, loans or money from home, having failed, 2 years from an MD because I could not find a job that would let me work 4 days a week after working 72 unpaid hours in the ER, I just could not do it, went back for My Doctorate in Psych, did thousands of hours PRO BONO therapy because molested and beaten children make financially unsuccessful adults, and I needed to learn the BUSINESS of being a paid Dr of Psychology - (they don't teach that in school. ) Where do i ask for help or.advice ... lawyers all give different answers to the same there another type of council, may I speak or write to the judge directly? Is that a good idea? Should I be as verbose as I have been here so he can get a feel for me, that I am a kind man who really really cant' hit anybody, my bones break like matchsticks.

Most of my collection were black powder muskets, I even had an Spanish arquebus from the 1400's -- it's a type of match-lock musket, it is very primitive but the ornate arquebus of a noble - all of my collection black powder muskets, rare powerful air guns (like a BB gun) the kind from the era lewis and Clark dazzled Original Americans with. Rare modern air guns. 66 all in all. all in museum quality condition. I only had 8 modern guns and 4 of the 8 were .22s that I shot target with, and one was a 9mm Beretta that I loved to shoot looooong range target, you're a marksman when you can hit a small target at 100 YARDS with a a 9mm target pistol (I cant shoot anything bigger or my hand and elbow will break when there are long range target pistols that are sanctioned by the sport, but they are like little rifles with bi-pods and scopes, they fire a rifle cartridge - that's poor sportsmanship.. I have never hunted anything but fish (with a fishing rod) and birds, and that was when I was a kid, I've been a Buddhist and totally non violent since I was 19, when I discovered Thich Nhat Hanh's American Buddhist Church, he is the only 2 time winner of the Nobel peace prize

summary: How can I find out for sure that a Judge can relieve that civil disability- this just hit me -why civil, rather than criminal disability? Can I use a civil remedy rather than a criminal court type, would that be easier, more likely to succeed? I've asked local law enforcement, lawyers, the FBI , BATFE. legal and court clerks cant answer. each agency has been contacted twice, with me reading from the same script and I got 2 totally different from each agency or cop or lawyer. 2)A colleague had a client who could not move on, because he, too, was innocent, until he got his 2nd Amendment rights back. After the requisite 2.5 years probation and doing all that was required he applied for a concealed carry permit (investigated by local LEO's justice dept and FBI) and he got the permit which means he gets his guns back.

I also did all that was required of me with the single exception of paying the fine, As I said, I am quite severely disabled, I have a serious bone disease that will require an extensive bone, tooth and gum graft, it's some sort of unusual fungus that will perforate my cranium if I leave untended much longer - this predates the DV charge by a short period, so I have been trying to save while being in the lowest tier of low income, I MUST see a periodontist before the oral and brain surgery, because the disease started on my gums Soc Sec insists AND I am, after over 4 years, almost to the $350 for the periodontist, after that Soc Sec covers it all. I explained this to my probation officer the only time she ever called - which was to tell me my probation was up but I had not paid my fine, I told her my story, I think she was unmoved so I think what I said had no bearing on her decision

she said well, you have to serve 6 more months probation because you didn't pay your fine.

Summary: Do the above described experiences and medical conditions, the fact that gun ownership is a pipedream, i'll be paying every extra cent of whatever is above starvation wages for 12 years before I have any extra anything at all, but it will restore my honor, I've worked hard, kept my nose to the grindstone and were it not for( till now). undiscovered diseases and really really dishonest people I would be a moderately successful professional class guy who has always treated people well and gave a lot of really good care to a lot of molested kids (adults now, but young adults) I know I can take away the nightmares, the terror, the nights into your 20's 30's 40's 50's --80's that are beyond Hell, the absolute knowledge at 14 years Old 14 - 10- 2 - 6 months --- birth - that everyone tells you HUGE lies and that you are completely and utterly alone and defenseless from these demonic creatures who are everyone in the world that is older than you and therefore knows more and can get over on you again. The knowledge that everything you know is wrong and you are just too young to have one single tool so that even if you can figure out what to do you can't do it. That I can help and help a lot.

But I digress.

Did the extra 6 months that t had to serve because I couldn't pay my fine complete my probation conditions? Does that fall under double jeopardy? I know you can't be tried twice for the same crime, but isn't it so that you can not be punished for the same crime twice either.


please explain to me how blackmail, involving a conspiracy between two people can be treated as either a civil or criminal matter? Washington real estate law is quite clear about room-mate situations, if one roomie leaves, is asked to leave or is extorted into leaving the other roomie has the option to stay and pay full rent, rent the room or leave, besides, as i said earlier they extorted the $2250 deposit out of me then they came back for more. If there is some sort of division of domestic property issue I can see that, but I only met Lonnie twice for a total of maybe an hour and I certainly didn't live with him. Paivi and I were only together for 9 months and lived together for less than 4 months, she had no money, owes 15 years back taxes, she isn't even a citizen, has no skills, was working under the table as caregiver to a severely brain injured woman who suffered from gross spasticity - so Paivi ALWAYS had bruises, she took her 9 year old son to work one day and paivi's client promptly blacked his eye and said "did I just hit a child"?

Customer: replied 4 years ago.
Relist: Other.
For 4 years I have been trying to get a definitive answer to a multi-layered question I have about Domestic Violence and it's consequences. I worked for child protective services in King County one summer, the training was basically "follow your guy, do the right thing and make sure the child is not in danger and prevent people getting hurt. you will be working in the cities worst 'hood during the peak of the crack epidemic. Oh, by the way no pepper spray or batons good luck. I was scared, it was just us 3 on graves, me, sue and leon (who was almost once the police got there cause he's black, but we never lost a kid and nobody got hurt. Now I want to know why someone can so easily get away with such a blatant and large economic crime-and a conspiracy at that just by making an accusation. The legal system can not have deteriorated so that common sense has nothing to do with it any longer, but, in essence that is what I am always told. Also i want a definitive read on the lauridson (laurisdon?) amendment and for four years of study of the WA rcw's, the Constitution and asking the exact scripted question of LEO's from the dog-catcher to the BATFE and I've never gotten the same answer twice. I've heard nothing new here that isn't freely available on the 'net. Alzo, your site leaves it till i'm actually asking the question to let me know that it will be the most vapid and general answer ever given to a 4 page multi-faceted monologue ever given by a PhD over a 17 hour period in 14 minutes both times on superbowl Sunday for 30 bucks. What is it with me and women? Do I have "sucker" written on my head?
Expert:  Zoey_ JD replied 4 years ago.
Hello Jon,

You need to get a relief from civil disabilities because your civil rights get negatively affected by a criminal conviction. In the case of a felony, you lose not just your second amendment rights, but your right to vote, to hold office, to sit on a jury and so forth.

This article goes through how to get your rights restored in Washington, including your gun rights. (See link) However, if you have a domestic violence conviction then you lose your federal rights as well, and under the Lautenberg Amendment, that is a lifetime bar.

The Federal government does state that if you get your dv offense set aside, expunged or pardoned by the governor of the state.

Washington law states that a felon can restore his gun rights "if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or .. . based on a finding of innocence. " Wash. Rev. Code 5 9.41.040(3).

However, realistically speaking, since the only option that is based on rehabilitation is the full pardon -- which is also based on a finding of innocence -- nothing short of that may work for the state, and only a full pardon is likely to get you your Federal rights back. Without the Federal rights, you would still face up to ten years of prison for owning, possessing or taking control of a firearm.

In order to apply for a pardon in Washington State, you would have to submit a petition to the Clemency and Pardons Board. You would then be granted a hearing. Washington provides the forms and basic instructions you'd need to do this and provides some instruction on the Clemency and Pardons Board's website. This is where you'd also apply for the restoration of your rights, including your gun rights. All of this can be done without a lawyer. I'm sure you realize that obtaining a pardon is a long shot. So you may want to at least speak to a local lawyer who does a lot of this sort of thing, to find out if having a lawyer do this for you would significantly increase your chances of getting the pardon granted.

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