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Screwed by attorney?

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helpinshep

Junior Member
What is the name of your state (only U.S. law)? KY

Back in 2006 I had my own side business here at my house doing paint and body repair on motorcycles. A kid I worked with said he had some business for me and that a friend of his wanted his motorcycle painted the same color as his truck. Thats not a odd request. I've paint bikes to match vehicles quite a few times. Well I get the bike all prepped and ready to paint, and detectives stormed the place we worked at. They pulled me to the side and asked if I knew anything about a few bikes being stolen from where we worked. I had no idea what they were talking about. I was the Service Managers right hand man and pretty much ran the shop when he was gone. They asked me if I had a specific bike at my house, and I told them there was a bike like that at my house for paint work, but I didn't know if it was the bike they were looking for. Well it was. I had NO IDEA the bike was stolen. The VIN was still there and everything. I end up getting charged with Receiving Stolen Property over $300 and my attorney made a deal with the judge to amend it down to attempt to receive stolen property but left it at OVER $300 so now I STILL have a felony on my background. What good did it possibly do to amend it to that? I can't get a job ANYWHERE and my wife and I are about to lose our home and everything we own because I can't get a job. I've called about having it expunged, but Im being told it cant be expunged for 5 years. WHAT CAN I DO? Can I take this back to court?
 


helpinshep

Junior Member
What now shows up on my background check isnt what I was told I was agreeing to. I agree'd to Attempt RSP UNDER 300 which would be a misdemeanor.
 

justalayman

Senior Member
well, when you stand in court, the read the charges and ask how you plead to those charges. They then ask you to allocute your story before the court.


are you saying the charges read are no the charges you were found guilty of?

Did you have to sign any documentation concerning the charges? Was the correct charge listed on that?
 

davew128

Senior Member
What happened when you called the attorney who represented you and asked him about the discrepancy? :rolleyes:

FWIW, mistakes do happen and they are correctible. Friend of mine once found himself on the wrong side of the law and pled out to a 2 year suspended sentence on a charge. Well five years go by and he's looking to get his records sealed and in helping him I looked at the statute he was convicted of and noticed it had a 1 year maximum sentence (it was a misdemeanor). He called his old attorney who filed some motion to revise and revoke the original sentence and change it to one year as the imposed sentence was illegal. I don't think there was any issue in getting the judge and prosecution to agree as the imposed sentence and probation had long since expired without incident.
 

helpinshep

Junior Member
Spoke to my original attorney and he is having my case pulled from the archives since it was in 06 to see what he can do. Hopefully he can get it expunged or something as I can't get a job ANYWHERE with the wrong stuff showing on my record.
 

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