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slippingthrucracks

post-conviction relief 2yrs later

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I was convicted for Burglary II while on probation for Dom A&B-AFC, which i got while on probation for original Dom A&B. Ill start at the beginning because this is a rabbit hole but I want my life back. I was arrested for PI when the driver of car was pulled over and I complied to the officer directing me to exit the vehicle but this was dismissed at arraignment. In between court and my release from the drunk tank- I went to a relatives house. This person took me to court the next afternoon and back to their house. This person has been abusive towards me my whole life and that evening another scuffle ensued. This was the first time I returned a hit and only because I was fading out. I hit them once to get out from underneath them and left. After a while I am arrested for the 2nd time in 24hrs for BurgII and DomA&B. The relative said I just barged in and starting attacking them- I sat in county for 7mo while the DA had it out for me. My public defender told me to get a street attorney bc they wouldn't work out a plea but in the end my case fell on a day that person was out of court and i took the plea offered.  While on this probation, the alleged victim starts another scuffle with me at their house (ugh) but their spouse intervened, kicking them out of dwelling entirely. I was getting divorced and had to move in with them by necessity. FFWD- now the spouse wants me to use my body for payment of rent and i declined. This person blocked me from leaving and I feloniously assaulted them (backstory only relevant to myself unfortunately). I called for the cops when that person went to the room with all the guns. Now being the retired chief in a rural area has its perks because guess who goes to jail even though i am covered in bite marks from the other party. Recap: I'm on probation and in the exact same location as the first fight, in a small town, while divorcing from a known addict (I had begun recovery already and was clean for 3mo when the AFC occurred). When i am locked up for the next month (until Alleged victim bonds me out) my ex gains custody of our children and I have fought tooth and nail to get them out of that abusive house since then. I got a job and within the first week had cops at my door with a felony warrant for me. A coworker had medication missing- I'm on film getting in her locker AFTER SHE GAVE ME PERMISSION and removing otc analgesic. The public defender came to court one time and that was to tell me to take the plea because the judge was sending me  up river if i didn't.  I plead out on a Burglary II charge- suspended. I took a hair follicle test the week after arrested to prove my innocence but my attorney didn't even contact the DA until the day of non jury trial. I have the affidavit from the alleged victim stating I had permission to enter the locker that day. I also have the statement of the indv who removed the medication at the heart of all this along with audio and text messages.

I am a felon for doing what i had permission to do and it's getting close to the 2yr mark. Someone please help me. I have a few babies that deserve a shot in this life but I can't make the neccessary headway being a felon. This has damaged my child custody battle and they just want to come home.  I have had to change my career path since the first fight took my nursing license. (I also have that statement of recantation but am unwilling to use it) There has to be someone to intervene on or something. This is not just or fair.

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I got through that giant block of text, which is hard to read.  Next time, break it up into paragraphs; 

After reading it, I am not sure what help you are expecting from strangers on the internet, none of whom are licensed to practice in OK.

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Well since this is a forum for answers of and/or pertaining to the law, one could reasonably expect suggestions in course of action, reference cites, a general nudge in the right direction perhabs?

I ask not of your licensure or your acquaintance, rather I request a brief insight of that knowledge bank you have stored in your hippocampus. You can keep your condescension for yourself though. 

There is your paragraph. ;)

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Burglary, domestic assault and battery, felonious assault, public intoxication, etc. and you want to go home with your babies?  Even if you were wrongfully convicted of these charges, you've displayed poor judgment and a pattern of being in the wrong place at the wrong time on multiple occasions, and "this" should damage your child custody battle, because it is a consequence of your behaviour and bad choices.  If anything has "slipped through the cracks," it is your children's well-being.  You didn't say whether you were trying to get your conviction(s) set aside or expunged.  You could consult with an attorney who handles criminal matters about this, but even if those are viable options, that would take a lot of money to get records, reports and transcripts, and it would be difficult to overcome what you have already knowingly pleaded guilty to.  You asked for suggestions for a course of action and a gentle nudge:  Get counseling for you and your family to see if can overcome your cycle and history of violence.  Get training in a vocation so you can support yourself and your family.

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I respect and appreciate your honesty. Thank you. Currently, I am sitting in my therapists parking lot and omw to Family Children Services for class. (No it's not court ordered 🙂) I am active in CBT sessions and trauma counseling. Your statement was correct; the cycle ends with me. I am also pursuing my BA in Psych- Addictions. Idk everything in life nor do I pretend to but I do know that I have three little ones coming up behind me. It is safe to say with urgency- somebody better get to paving some pathway for them because their entire genetic makeup is a comorbidity.   I was able to get a court order for my children to be in counseling when their dad wouldn't take them.Their dad has found a loophole and now gets high legally at the clinic rather than actually getting sober. Yes, I want my babies home with me because we have work to do. I definitely stepped off the beaten path but i have slugged it out to get back only to learn that their stepmom is abusing them. Psychological  Abuse is very difficult to prove but I am certain that when my oldest  winces trying to pick anything up because she has chewed her nails down into the quick and they're bloody and sore- something is happening. When she was 2, she had trichotillomania present when separated from me. Stepmom gets on top of MY BABIES striking them "all over". I could go on for the rest of the evening but I have class. 

And yes it is expensive. I have shelled out nearly 50k in the last year. I have three lawyers already but they seem to do nothing except take my money...I need to know how to proceed bc I cannot and will not standby and watch alongside the rest of the adults while by children struggle and fail. I dont ask for help selfishly...they need help. I may be the only one in their corner but I will never give up. 

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