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RidgeRescue

Can you over turn a court ruling after 20 years?

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This has been bothering me for over 20 years now.  I was forced by my Public Defender to pled guilty of a Crime I didn’t commit to because he told me that I can not have a Police Detective who was at my residence at the time the girl called my house the day I got out of jail from her calling her local police department that I was harassing her at her residence.  The PD said “ I cannot have him as a witness because I cannot allow him to perjury himself because friends, family, co-workers and so forth will lie.”  On top of that he claimed he had both our phone logs and it show no calls to my house.  I said of course not if she use a phone card.  Note, that the Police Detective that was at my house isn’t the same police agency that arrested me.  The Detective even told the arresting agency that she called my house and their response to him was, “He answered the phone and she made a complaint that he called her, so he still violated the order.”  After this, it was a snowball effect, every time I got out, she went back to her local police and said I made contact with her.  But the issue here, I knew she was playing the system as does everyone else that lived in my town, but the other town didn’t care and my Public Defender didn’t want to use the witness he had, he just said everything was against me but personally I knew I didn’t do the things she claimed and had witness to prove it including a Police Detective for 18 years at my house when she initiated contact.  The reason I am bringing this up now is because I have been trying to get a job in Psychology and this requires a Level II Background check from the State I am living now.  While it’s been 20 years, I don’t have the original documents and I requested from both the Police Agency and the Court.  I have the Court Dispositions, but the police arrest reports have so many errors in them like my place of residence at the time of the arrest and location of the arrests, and very little information of the arrest.  So I requested the Police Incident Report and the Narrative Blotter.  Those didn’t match the arrest reports, Also, they only can find 2 of those dates, the third is missing, the other kicker is how the Police Agency and the State have one day but the Court has a different date for the arrest.  Finding all this out, what other misinformation is out there.

 

My thing is now with all this non-sense going on, is there away I can either get these over turn, thrown out because my lawyer didn’t give me the best advice and defense or can they be expunged?   

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You didn't mention the state and that matters because state laws on this vary. However, after 20 years it is going to be much too late to bring any action to overturn the conviction unless the state that convicted you has very unusual laws. You weren't "forced" to make the plea deal. The PD convinced you to take it by pointing out all the problems with the case that could get you convicted at trial, and presumably you would have faced the possibility of significantly more severe punishment had you been convicted at trial. So you took the deal based on what you perceived was the lesser of two evils at the time. That was your choice, and having made that choice you don't get to undo it years later. It is not unusual for people to have second thoughts and regrets after they take the deal because they often wonder if they might have beaten the case at trial. But remember, it is always a risk to go to trial because there is always the chance you would get convicted.

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12 hours ago, RidgeRescue said:

I was forced by my Public Defender to pled guilty of a Crime I didn’t commit

 

Forced?  How did he "force" you?  Did he hold a gun to your head?  Threaten to kill a member of your family?  None of those things or anything even remotely like it?

 

 

12 hours ago, RidgeRescue said:

he told me that I can not have a Police Detective who was at my residence at the time the girl called my house the day I got out of jail from her calling her local police department that I was harassing her at her residence.

 

I have no idea what this might mean.

 

 

12 hours ago, RidgeRescue said:

is there away I can either get these over turn, thrown out because my lawyer didn’t give me the best advice and defense or can they be expunged?

 

Whether your conviction can be expunged obviously depends on what exactly you were convicted of and the laws of the state where the conviction took place.  Bafflingly, you provided no information about either of those things.  Beyond that, your decision to plead guilty was a voluntary choice that you made.  No one "forced" you to plead guilty.  What your defense attorney likely did was tell you about the risks of going to trial and advise you based on those risks.  Needless to say, we're in no position 20 years after the fact to assess how good the attorney's advice was.  However, if you didn't think you got good advice, your recourse was to appeal based on ineffective assistance of counsel.  Regardless of the state where this occurred, the time to do that has long since passed.

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