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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: 6 months ago.Category: Criminal Law
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Answered in 3 minutes by:
12/30/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,303
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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Customer reply replied 6 months ago
How long do I have to wait ?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 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.

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Customer reply replied 6 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 6 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 6 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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 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.

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