Rick B. Posted February 13, 2008 Share Posted February 13, 2008 My attorneys still havent filed my expungement paperwork yet. I hired them over 6 months ago to take care of it. I sold my teg to pay for them. Im so F*cking pissed. sure, its easy for them, they get to go on with their lives, but im the one stuck in now a 2 year long rut barely paying rent each month. Link to comment Share on other sites More sharing options...
wannaBstuntin Posted February 13, 2008 Share Posted February 13, 2008 wat Link to comment Share on other sites More sharing options...
94typersol Posted February 13, 2008 Share Posted February 13, 2008 My attorneys still havent filed my expungement paperwork yet. I hired them over 6 months ago to take care of it. I sold my teg to pay for them. Im so F*cking pissed. sure, its easy for them, they get to go on with their lives, but im the one stuck in now a 2 year long rut barely paying rent each month. damn dude that f*cking sucks.i know how ya feel. Link to comment Share on other sites More sharing options...
Kegger Posted February 14, 2008 Share Posted February 14, 2008 Kick them in the nuts, tell them to file and then demand a refund. Link to comment Share on other sites More sharing options...
lceah Posted February 14, 2008 Share Posted February 14, 2008 Rick, that really sucks...sorry... possible to change your lawyer? I know of one who does that fast! (don't ask why I know) Link to comment Share on other sites More sharing options...
Hatch92 Posted February 14, 2008 Share Posted February 14, 2008 ^ why do you know? rick - did they tell you why it's taking so long? Link to comment Share on other sites More sharing options...
lceah Posted February 14, 2008 Share Posted February 14, 2008 I have a few friends who would have gone to jail for being caught racing too many times...lol Link to comment Share on other sites More sharing options...
TS John Posted February 14, 2008 Share Posted February 14, 2008 Damn, dude, that does suck. When are you gonna be done with it all? Where have you been, also? Were you keeping that biologist alive, Johnny Quest style? Link to comment Share on other sites More sharing options...
SIR_VTEC Posted February 14, 2008 Share Posted February 14, 2008 Rick, did they give you an estimated time when you signed a contract with them? If they gave you a time when paperwork should be filed your have the right to withdrawl, also it doesnt hurt to check other options, it doesnt cost anything to talk to an attorney about another, they would be more than willing to help you out if they can get it done and paid you know. Link to comment Share on other sites More sharing options...
Rick B. Posted February 14, 2008 Author Share Posted February 14, 2008 they said it would take like 30-90 days when i first paid them. they didnt put it on paper though. im looking for the contract now, just have to find where i put it. i would use another attorney, but its the courts that will take forever. Expungements are pretty low on a courts agenda when they are focusing on putting people in prison ya know. the court schedule might not be open for 90 days. Link to comment Share on other sites More sharing options...
Tubbith Posted February 14, 2008 Share Posted February 14, 2008 I have to agree with the "F*ck Attorneys. I paid one $4000, and handed him a case i could have one in court, and he told me to plead guilty b/c if he lost i would end up facing A LOT more time in county lock up(1 year comparied to one day) and would have a much larger fine (like the $1200 i have to pay is small right....). I think attorneys are glorified theives. Link to comment Share on other sites More sharing options...
Kegger Posted February 15, 2008 Share Posted February 15, 2008 I still vote for kicking them in the nuts, but that's just me... Link to comment Share on other sites More sharing options...
Hatch92 Posted February 15, 2008 Share Posted February 15, 2008 ^ i agree. swift kick with steel toes. Link to comment Share on other sites More sharing options...
Nancy Posted February 15, 2008 Share Posted February 15, 2008 why do you have lawyers? is it about that hamster thing you told me about a while ago? Link to comment Share on other sites More sharing options...
Kegger Posted February 15, 2008 Share Posted February 15, 2008 BWAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!!!!!!!!!!!!!!!! Link to comment Share on other sites More sharing options...
Rick B. Posted February 15, 2008 Author Share Posted February 15, 2008 why do you have lawyers? is it about that hamster thing you told me about a while ago? thats it exactly. apparently they get mad at you for using endangered species. and i guess the hamster was latex sensitive. who would have thought! Link to comment Share on other sites More sharing options...
lceah Posted February 15, 2008 Share Posted February 15, 2008 LOL hope it's fast... keep calling them?? Link to comment Share on other sites More sharing options...
xer0 Posted February 21, 2008 Share Posted February 21, 2008 that was oen crazy night the topper the was when the hampster was trying to eat the ells we stuffed in there.... ... :: dotn worry it is worth the story... i wish i did it silly me and my training and have to be a good boy.... i am going to be in air next week:) then ied~bc~nukes~ and wmd.... did they even have theses classes whenu went threw school? Link to comment Share on other sites More sharing options...
James Matteu Posted February 21, 2008 Share Posted February 21, 2008 My attorneys still havent filed my expungement paperwork yet. You realize you do not need an attorney to do that for you. From the Superior Court of California, San Diego County: LINK Expungement of Conviction The expungement process is available to all defendants who are convicted of a crime that meets the criteria listed in Penal Code Section 1203.4 and 1203.4a. Ineligible violations are listed in Penal Code 1203.4(b). If you meet the qualifications to petition for an expungement, review the General Information forms which are linked for you, below. You must complete the Petition for Relief form entirely and submit it to the court for review. You may be ordered to pay an administrative fee for the cost of processing the paperwork, whether the Petition for Relief is granted or denied. The fee for a misdemeanor is $60.00; the fee for a felony is $120.00. To request a fee waiver, you must complete and submit an Application for Waiver of Court Fees and Costs, also linked for you, below. Necessary forms and information are provided in the links below. Select the correct link for the level of crime for which you were convicted. Link to comment Share on other sites More sharing options...
James Matteu Posted February 21, 2008 Share Posted February 21, 2008 From the California Penal Code: 1203.4. (a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in his or her probation papers, of this right and privilege and his or her right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve him or her of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021. This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970. (b) Subdivision (a) of this section does not apply to any misdemeanor that is within the provisions of subdivision (b) of Section 42001 of the Vehicle Code, to any violation of subdivision © of Section 286, Section 288, subdivision © of Section 288a, Section 288.5, or subdivision (j) of Section 289, any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction. © (1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code. (2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interests of justice, may order the relief provided pursuant to subdivision (a) to that defendant. (d) A person who petitions for a change of plea or setting aside of a verdict under this section may be required to reimburse the court for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the court not to exceed one hundred twenty dollars ($120), and to reimburse the county for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors not to exceed one hundred twenty dollars ($120), and to reimburse any city for the actual costs of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the city council not to exceed one hundred twenty dollars ($120). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 and shall not be a prerequisite to a person’s eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the costs for services established pursuant to this subdivision. (e) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section. It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court. (f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition. (g) Notwithstanding the above provisions or any other provision of law, the Governor shall have the right to pardon a person convicted of a violation of subdivision © of Section 286, Section 288, subdivision © of Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances. (Amended Sec. 1, Ch. 161, Stats. 2007. Effective January 1, 2008.) Link to comment Share on other sites More sharing options...
Rick B. Posted February 21, 2008 Author Share Posted February 21, 2008 ok. I have three things pending with the attorney. This is what they are doing. 1) Reduction to Misdemeanor 2) Early Termination of Probation 3) Expungement of Record Besides, he who represents himself has a fool for a client. A lawyer will be able to sweet talk a deal for me. A judge is less likely to listen to me than they would an attorney Link to comment Share on other sites More sharing options...
James Matteu Posted February 21, 2008 Share Posted February 21, 2008 ok. I have three things pending with the attorney. This is what they are doing. 1) Reduction to Misdemeanor 2) Early Termination of Probation 3) Expungement of Record Besides, he who represents himself has a fool for a client. A lawyer will be able to sweet talk a deal for me. A judge is less likely to listen to me than they would an attorney According to the CA Penal Code, you cannot expunge your record until your probation is satisfied or terminated. The attorney will be able to argue a reduction to misdemeanor (your right to have a lawyer for that). I am not sure about the termination of probation, sorry. Link to comment Share on other sites More sharing options...
Rick B. Posted February 21, 2008 Author Share Posted February 21, 2008 ive satisfied all of my probation terms, except for being on it for 3 years. Ive been on probation for 2 years and its killing me. Hell, I paid all of my fines and restitution the day after i was convicted. and, the reason for the early termination and expungement is so that i can go back into the military Link to comment Share on other sites More sharing options...
wannaBstuntin Posted February 21, 2008 Share Posted February 21, 2008 Good luck Rick. Link to comment Share on other sites More sharing options...
EH6TunerDaniel Posted February 21, 2008 Share Posted February 21, 2008 Best wishes to you man. Hope they do this soon. Link to comment Share on other sites More sharing options...
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