Legal Question in Criminal Law in California

I plead guilty to the following Misdemeanor Violation 243(e).

However, I did not purposely use any force and my original intention

was to plead innocent and see the case through.

During the negotiations process, on the day of court trial,

my assigned Public Defender, was supposedly trying to explain

why I should just Plead to the 243(e)...

In doing so, he illustrated by punching me in my arm, "lightly",

and saying, see that is all that you are pleading to...

I feel that it was a form of coersion and that my physically striking me,

he was diluting the seriousness of the charge, while simultaneously

and intentionally, commiting the crime of battery upon me.

It was very confusing to say the least, why he would think that he could

do that to me, with no consecuences to himself, while I would at the same time, be faced with it as a crime on my record.

After, having plead, and receiving the conviction. I later reflected upon

what had happened on my trial day and mentioned it to the judge

to see if I could have my conviction overturned.

The judge assigned a new public defender to me so that she could

do a writ about the event and submit it to the judge.

After speaking with my new attorney, I explained everything,

she also spoke with the previous public defender.

Unfortunately, she chose to dishonor the judges request

and chose not to file the writ on my behalf.

She, told me that it was something that I would need to do myself.

At this point, I have already completed all the requirements,

that were necessary to put the case behind me.

I did the classes and paid the fine.

I am going to ask for an early termination of my probation next,

which I believe will be granted, given that I have been law abiding

and more than 50% of my probation time has already passed.

And Finally, I was going to ask for an expungement,

which I believe would also be granted.

My Question is:

I recently learned that the California Expungement will not restore my gun rights.

Therefore, would it be possible for me to ask for a reduction of the misdemeanor, to an infaction, instead of applying for the expungement.

Especially given, that the circumstances of the conviction,

were less than ideal.

Thank you for your Help.

Sincerely.


Asked on 12/19/12, 8:08 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

None of your details or 'circumstances' listed matter now. You already pled guilty and served your sentence. The case is over, and you no longer have options in the case, nor do you get a 'do over'. The time for appeal and writs is passed.

As to your firearm rights, if the court imposed a specific ban for a period of years [typically 5 or 10 on violent misdemeanors], then you must serve out that period. Or, if the sentencing order or the penal statute specified that this was a lifetime ban, then that means what it says. Or, if you had a domestic violence restraining order imposed upon you, that also creates a lifetime ban.

Expungement will NOT restore firearms rights, nor can it 'reduce' the charges, but it will help in obtaining and keeping employment.

If serious about hiring counsel to help you with expungement, feel free to contact me. I�ll be happy to help

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Answered on 12/20/12, 11:53 am


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