What is the name of your state (only U.S. law)? nevada
I plead guilty to misdemeanor domestic violence. I know what people think the minute you say that. Heres the thing. I really was innocent. I defended myself in my residence against a former roomate who had been bothering and harrassing me for a while. I had called the police on him 15 times( in one 12 hr period) in the month prior to the incident. I had let a tro expire and never got around to getting a permanent one. A few weeks before the incident he broke in and kept running off before the police arrived. On the 15 call the police captured him nearby and the female officer who had been responding was going to arrest him for burglary and other crimes but the responding seargent let him off with a warning to not return or he would be arrested for tresppassing. In any event I was originaly charged with felonies, but I would not take a plea and kept wanting to have a trial so I could let the jury hear what happened. After eight months of sitting in county jail I was offered immediate release If I plead guilty to misdemeanor dv. I did . The judge appeared shocked by the offer, seemed to realize at last that I probally should have never been charged as I acted only in self defense and accpeted my plea and sentenced me to time served and a 25 dollar admin fee. He really appeared apolgetic. He never adjudged me guilty, he merely accepted my plea and ordered me released. Was I in fact convicted ? How can I motion for set aside of a conviction, when there is no judgement of conviction any where in the case file or on the transcript?Please give me an answer. I trully had a public defender who never was intrested in my story or the facts of the case. He seemed just anxious to get me to take a plea. It was not until I moved for his dismissal a week before calender call that this deal came through. When I got out and reviewed the record I saw that we had been one week from trial and he had never even spoken with any defense witnesses , much less called anyone. Or contacted the main person I gave him the name and address who had knowledge of my former roomates actions specific to the incident
I plead guilty to misdemeanor domestic violence. I know what people think the minute you say that. Heres the thing. I really was innocent. I defended myself in my residence against a former roomate who had been bothering and harrassing me for a while. I had called the police on him 15 times( in one 12 hr period) in the month prior to the incident. I had let a tro expire and never got around to getting a permanent one. A few weeks before the incident he broke in and kept running off before the police arrived. On the 15 call the police captured him nearby and the female officer who had been responding was going to arrest him for burglary and other crimes but the responding seargent let him off with a warning to not return or he would be arrested for tresppassing. In any event I was originaly charged with felonies, but I would not take a plea and kept wanting to have a trial so I could let the jury hear what happened. After eight months of sitting in county jail I was offered immediate release If I plead guilty to misdemeanor dv. I did . The judge appeared shocked by the offer, seemed to realize at last that I probally should have never been charged as I acted only in self defense and accpeted my plea and sentenced me to time served and a 25 dollar admin fee. He really appeared apolgetic. He never adjudged me guilty, he merely accepted my plea and ordered me released. Was I in fact convicted ? How can I motion for set aside of a conviction, when there is no judgement of conviction any where in the case file or on the transcript?Please give me an answer. I trully had a public defender who never was intrested in my story or the facts of the case. He seemed just anxious to get me to take a plea. It was not until I moved for his dismissal a week before calender call that this deal came through. When I got out and reviewed the record I saw that we had been one week from trial and he had never even spoken with any defense witnesses , much less called anyone. Or contacted the main person I gave him the name and address who had knowledge of my former roomates actions specific to the incident
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