What is the name of your state (only U.S. law)?
Virginia
The entire story is too long to post and assuming you'd rather not read a book I'll try to break it down...
In 2007 I pleaded guilty to possession of a controlled substance, 18.2-250. Though I had a valid prescription, they were in my pocket, not the original bottle (had valid bottle in back of car). The reason I took the plea was ONLY because I had served 23 days on the original charge in which I was not guilty of (Accessorie to a robbery), had a 2 month old son at home and detective gaurenteed me I would do jail time if I did not take the plea.
I had a public defender whom had a reputation of getting her client's in more trouble than originally in. She knew I was adament about not having a felony on my record as was the detective. The day of my trial I was indicted on conspiracy and possession. Therefore, my trial was continued since I now had 3 charges to face. I was not taking any plea's offered and was prepared to fight all 3 charges. However, my attorney was clearly trying to get me to take a plea.
When I arrived at court for my trial for all 3 charges they offered me one last plea and promised I would not walk out of that court room if I did not take it. The plea agreement was...
I plead guilty to a (misdemeanor) possession charge Sch 2
6 months jail, 6 months suspended, suspend drivers license 6 mo, not to get in trouble for 3 years and cooperate w/ sherriffs dept and F.B.I w/ an ongoing investigation.
the conspiracy and accessorie to a robbery charge would be nolle prosequi.
I assumed a simple possession charge wouldn't hurt my record much. I wasn't aware that it was a felony and "amended to misdemeanor". Nor was I aware that regardless of whether or not it was a felony it would still effect my background all the same. I believe both the detective and public defender had a good idea of why I didn't want to be a felon. Knowing this, I feel almost as if I was tricked into taking a plea and not provided adequate information.
I wasn't aware of the seriousness of the charge until I began applying to several jobs I was more than qualified for and receiving no response. They were mostly government jobs and required a background check. I then looked into the possession charge and found all consequenses. I also did some research and found va code 18.2-250.1 provides that a person cannot be prosecuted if have valid prescription/ valid doctor (I did). I also found that 18.2-251 provides for the defferal/ dismissal of this charge provided person complys with requirements of court and has no prior criminal record (I don't). However, this was never mentioned by anyone. It was not an option. I suppose the judge wanted it to stick with me for life.
I wrote the judge asking for him to afford me the oppurtunity to have the charge dismissed and that I had no problem complying with any requirement's of court. He simply stamped date received and wrote: "Rule 1:1: the court does not have jurisdiction to consider this request." Since, I've been trying to figure out how and what to do because I feel it was not fair of him to at least notify me about the deferral/ dismissal statute, even if he wasn't going to allow me to comply I feel I should have been aware. I don't know where to go from here. I cannot get a lawyer to speak with me, not even public defender. I will fight this charge/ conviction myself and will not stop if it takes me til' the day I die. However, if someone could at least guide me on what I should do it would be appreciated more than you know!What is the name of your state (only U.S. law)?
Virginia
The entire story is too long to post and assuming you'd rather not read a book I'll try to break it down...
In 2007 I pleaded guilty to possession of a controlled substance, 18.2-250. Though I had a valid prescription, they were in my pocket, not the original bottle (had valid bottle in back of car). The reason I took the plea was ONLY because I had served 23 days on the original charge in which I was not guilty of (Accessorie to a robbery), had a 2 month old son at home and detective gaurenteed me I would do jail time if I did not take the plea.
I had a public defender whom had a reputation of getting her client's in more trouble than originally in. She knew I was adament about not having a felony on my record as was the detective. The day of my trial I was indicted on conspiracy and possession. Therefore, my trial was continued since I now had 3 charges to face. I was not taking any plea's offered and was prepared to fight all 3 charges. However, my attorney was clearly trying to get me to take a plea.
When I arrived at court for my trial for all 3 charges they offered me one last plea and promised I would not walk out of that court room if I did not take it. The plea agreement was...
I plead guilty to a (misdemeanor) possession charge Sch 2
6 months jail, 6 months suspended, suspend drivers license 6 mo, not to get in trouble for 3 years and cooperate w/ sherriffs dept and F.B.I w/ an ongoing investigation.
the conspiracy and accessorie to a robbery charge would be nolle prosequi.
I assumed a simple possession charge wouldn't hurt my record much. I wasn't aware that it was a felony and "amended to misdemeanor". Nor was I aware that regardless of whether or not it was a felony it would still effect my background all the same. I believe both the detective and public defender had a good idea of why I didn't want to be a felon. Knowing this, I feel almost as if I was tricked into taking a plea and not provided adequate information.
I wasn't aware of the seriousness of the charge until I began applying to several jobs I was more than qualified for and receiving no response. They were mostly government jobs and required a background check. I then looked into the possession charge and found all consequenses. I also did some research and found va code 18.2-250.1 provides that a person cannot be prosecuted if have valid prescription/ valid doctor (I did). I also found that 18.2-251 provides for the defferal/ dismissal of this charge provided person complys with requirements of court and has no prior criminal record (I don't). However, this was never mentioned by anyone. It was not an option. I suppose the judge wanted it to stick with me for life.
I wrote the judge asking for him to afford me the oppurtunity to have the charge dismissed and that I had no problem complying with any requirement's of court. He simply stamped date received and wrote: "Rule 1:1: the court does not have jurisdiction to consider this request." Since, I've been trying to figure out how and what to do because I feel it was not fair of him to at least notify me about the deferral/ dismissal statute, even if he wasn't going to allow me to comply I feel I should have been aware. I don't know where to go from here. I cannot get a lawyer to speak with me, not even public defender. I will fight this charge/ conviction myself and will not stop if it takes me til' the day I die. However, if someone could at least guide me on what I should do it would be appreciated more than you know!What is the name of your state (only U.S. law)?