Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I would like to know if a domestic violence felony offence…

Customer Question
I would like to...

I would like to know if a domestic violence felony offence convicted in juvenile court 2 years ago canbe appealed. A misdemeanor with jail time was offered but in the confusion felony without jail time was chosen The sentence was probation that was completed in July 2017

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

Convicted of domestic violence felony offence in juvenile court. No appeals were filed

Lawyer's Assistant: In what state did the domestic violence occur?

In Washington dc

Submitted: 3 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
12/30/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,984
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Customer reply replied 3 months ago
How long do I have to wait ?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

Even under the best of circumstances, it is almost impossible to get a plea back once a defendant has made it and been sentenced. That's because a judge won't sign off on a plea unless he's sure that a defendant is taking it voluntarily and of his own free will and because he is actually guilty. To that effect there is always some kind of a plea allocution -- statements put on the record or signed off on by the defendant -- the purpose of which is to make the plea airtight.

As far as an appeal is concerned, several years have passed and the window of opportunity has closed to file a notice of appeal. You would need Constitutional grounds to appeal at this time, and I don't see any in your fact pattern.

However, you may be able to reopen your case with a motion before the judge to try to get your plea back on the basis that you were confused by the process and your lawyer didn't advise you properly and inform you of just what you'd be doing by taking the plea. However, the fact is that your own words during the taking of the plea probably would indicate otherwise and that will likely be problematic.

Ask Your Own Criminal Law Question
Customer reply replied 3 months ago
Unfortunately the age is a problem since I was then 26 years.
after the conviction, I was diagnosed with depression ,attenuated circumstance that was not presented to the judge
Customer reply replied 3 months ago
Also the conviction was probation and was over last July. I would like to seal the felony violent offence to be able to get a job. I am a software engineer.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

Yes, that is a problem.

With a juvenile conviction, apparently in Washington, DC, the only way you can reopen the case would be on the basis that you were actually innocent, which you would be expected to document with newly discovered evidence.

Without actual innocence, you could file a petition to seal the record against you two years after your case was closed. You can read more on how to seal a juvenile matter in Washington DC here. The information on sealing starts on page 8 of the PDF.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,984
29,984 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I have a friend who has a Domestic Violence charge.. More
Hello I have a friend who has a Domestic Violence charge.. More than one and this is not the first time..He has 37 cases of things he has done...I posted his bail but I think he is going on to jail..T… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
I've been found guilty of domestic violence and assault on
I've been found guilty of domestic violence and assault on my stepdaughter who admitted in court that she was being disrespectful and that she did try to go after my bad leg from an accident and try t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a petty misdemeanor of domestic violence on my record
Ok. I have a petty misdemeanor of domestic violence on my record in 2003. It was deferred and dismissed. But it's still on my criminal record. Is there a way to get that off and if so how? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
I'm an advocate of domestic violence and assault, I have a
I'm an advocate of domestic violence and sexual assault, I have a client whom she wanted to go back to live the offender, and because he found my name, he made her write letter saying she came just to… read more
Jonathan Holson
Jonathan Holson
JD
66 satisfied customers
Was convicted of domestic violence (misdemeanor). Now have
Was convicted of domestic violence (misdemeanor). Now have been up against a charge of felony domestic battery. Family wants all charges removed but I know the state can still pursue. Are there any ca… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
My boyfriend is currently in jail for domestic violence. he
my boyfriend is currently in jail for domestic violence. he is being charged with a felony & this is his first offense. is it likely he will serving time … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I was involved in a domestic violence incident over the
Hi. I was involved in a domestic violence incident over the weekend that was a big misunderstanding and the cops were called by a third party and I have some questions about it … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
In court today, I had a domestic violence case dissmissed
In court today, I had a domestic violence case dissmissed "without predjudice". What does that mean, as compared to "with predjudice", and how does the difference effect when I can have the record sea… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
I a the "alleged" victim in a domestic violence case, and
I a the "alleged" victim in a domestic violence case, and the District Attorney slapped a criminal protective order on my Fiance, without my knowledge or my consent!!! I WANT IT REMOVED! N,o one willl… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
154 satisfied customers
Can a detective force a witness of domestic violence to make
Can a detective force a witness of domestic violence to make statements, or force an interview. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,595 satisfied customers
Warrant for domestic violence/assault. I didn't do this.
Warrant for domestic violence/assault. I didn't do this. What should I do. Go where and turn myself in?? I have no funds for attorney. … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
I was charged with assault for domestic violence in the 4th
I was charged with assault for domestic violence in the 4th degree on Saturday and today at my arraignment I was handed this piece of paper and the no order contact with my girlfriend was lifted. She … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
I have been charged with domestic violence assault as of
i have been charged with domestic violence assault as of saturday night just after midnight 3/11/18. i was able to bail out of jail yesterday afternoon. the cops were called by a neighbor who heard us… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
Can you be charged with "domestic violence" in Va if the
Can you be charged with "domestic violence" in Va if the "victim" doesn't live with the accused and is not a spouse or former spouse? What is the legal definition of "spouse" in Va? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
My niece was arrested for domestic violence on a saturday
my niece was arrested for domestic violence on a saturday and they let her out 10 days later and give her a court date did they hold her to long ? i'm in the state of nevada … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
In NYS can a victim of domestic violence be compelled to
In NYS can a victim of domestic violence be compelled to take the stand if she does not want to testify? NYS Criminal lawyer please respond.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In 1999 was charged with simple domestic violence. Lost the
Anything else you want the lawyer to know before I connect you?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
If someone plead guilty to a misdemeanor domestic violence
Hello, if someone plead guilty to a misdemeanor domestic violence and the police report shows he had a false social security number and driver's license (which was not true) and we have requested a ce… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x