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AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family law Attorney serving California statewide
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I was charged with assault & Battery and Larceny in a city

Customer Question

I was charged with assault & Battery and Larceny in a city court and I'm only 18. My mom who is a paralegal told me to plea not guilty to both as I really was not guilty. However when I went to court the judge told me I didn't have an attorney so I must file guilty or no contest. So I filed no contest, then my mom said he can't do that and she reviewed my plea statement and it said if I wanted to change it then I had to file an appeal within ten days and the judge reviewed it. I went to the one on one meeting with the judge where he read my reasons for appealing my plea and requested a bench trial. He gave me a court date of witch I thought I was going for my trial and going to represent myself, because due to my family household income i couldn't qualify for a public defender. Upon going to court again, it was just like the first time; I had to stand and make my plea of not guilty again, guilty or no contest. So when I was called, I told him I wanted to plea not guilty and I wanted a trial by judge, which I know now that means a bench trial. He asked where my attorney was, I told him I didn't have one because I couldn't afford one. Then he yelled at me and said if I could pay the bond of $480 then I can afford an attorney. My mom actually paid it, but she lost the ability to work before this court date because she began having seizures and was later diagnosed with epileptic seizure disorder. Then still raising his voice said I couldn't file not guilty without an attorney and only file guilty or no contest, so I did the no contest and was required to pay $600 per charge and all court costs. Then I went back home where I explained what happened and she said he can't do that and I had every right to file not guilty and get the bench trial. But it was too late and I couldn't appeal again because I used my appeal right after I appealed the first time. I'm struggling to pay these fines which ended up at $825 per charge and was granted another extension to pay. I had to take off a semester at college and then go to part time at work to assist my mom and stay with her when my dads at work as well as getting her to at least 3 Dr. appointments per month. I'm struggling to pay still my only bills of insurance and car payment which is about $600/month. I have only gotten one of the fines down to $275 in four months and they're due all on the 28th of June, which I can request another extension of 60 days but he said before if I'm only paying small amounts that he may just send me to jail or require it all paid that day and if not send me to jail for each charge for 60 days each. I'm hoping to get another extension, yet it will be my last allowed and again only be 60 days and not sure i can pay it all again that fast; I'm also fearful either without a new extension or not being able to all of it again if extended and the judge sending me to jail either way. I also am going to school to get my degree in teaching literature/language arts and a coach of gymnastics and hope to keep going to get my PHD. I'm worried about these charges as I've already applied at other places and they refused to hire me because of my record. I don't know what to do, my mom believes there was judicial misconduct but not sure what to do and mom thinks I should see if I can get any advice about the current situation and try to see if I could get my record expunged due to it possibly impacting my life. Both were misdemeanors and were city charges like a ticket and not county charges I was told, so I'm wondering if you could give me some advice on both matters as I really don't know what to do??
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AttyCBradford replied 4 years ago.

AttyCBradford :

Hello with regard to an expungement in the state of Oklahoma there are two different kinds:

A Section 18 expungement allows a person to expunge their entire arrest record.

A Section 991(c) expungement allows a person who received a deferred sentence to expunge their plea, and have the disposition of their case updated to show the case has been dismissed. The disposition will say, "pled not guilty, case dismissed". However, a 991(c) expungement will not expunge (remove) the arrest record.

AttyCBradford :

To obtain the expungement you must

AttyCBradford :

  • file a petition with the court clerk's office in the county the charges were filed

  • a hearing date is set

  • notice of the hearing must be sent to the district attorney, the arresting agency, the OSBI and anyone else involved who may have information

  • at the hearing, the judge must find that harm to the privacy of the person outweighs the public interest in keeping the records

  • and the judge issues an order to seal those records, seal part of the records or limiting access to the records.

AttyCBradford :

As for the issue of misconduct by the Judge... it sounds absolutely like there was based on your facts you should have filed an appeal on the case. What date were you convicted? there is a chance that you missed the statutory time frame to file this appeal

AttyCBradford :

I see that you have not responded do you have any further questions? If not please accept the answer

Expert:  AttyCBradford replied 4 years ago.
I see you have not accepted the answer was there further information I can provide? If not, please accept the questions so I can get credit for assisting you
Expert:  AttyCBradford replied 4 years ago.
I just wanted to follow up with your questions. I hope that the problem has been resolved.