What is the name of your state (only U.S. law)? Georgia.
I have been arrested for four misdemeanors in my lifetime.
They occurred in the years 2002, 2003 and 2004.
I will list the crimes I was arrested for and the outcome:
False report of a crime - I plead guilty - 2002.
Possession of Marijuana - I plead first offender - 2003.
Obstruction of Justice - I plead guilty - 2003.
Carrying a concealed weapon - I plead nolo - 2004.
First, I want to give you a full disclosure, the god's honest truth, as to why I was charged with these crimes.
I wrecked my car in 2002. I left it on the side of the road where I had spun out after a fresh rain after accelerating too quickly through a turn. I lied to the police and told them it was stolen, fearing what my mother would do to me when she found out. I confessed to lying within the hour. I lied to the police, I payed the price for doing so.
Early in the year of 2003, I was sleeping in a chair in my living room after getting drunk at a college party away from my apartment. I had, before sleeping, smoked 2.5 dollars worth of marijuana, and had another 2.5 dollars worth and a glass pipe lying at my feet on a footstool. I had fallen asleep with the front door open. A police officer apparently showed up, answering a call saying there had been a noise complaint. The officer walked into my apartment and shined a flashlight in my face, which woke me. He pointed at the marijuana and said, "Whats that?". I picked up the marijuana and the pipe and put it next to the cushion of the chair (the chair is solid oak construction from the 1960's, a three inch thick box frame measuring several feet on each side, with foot and a half thick cushions to sit on and to lean against at the back. Without taking out the cushions, the marijuana was stuck, pressed against the frame as he moved the cushions.) I then said, "What's what?". He proceeded to subdue me (he told me to, "Stand up!", which I did as I said "OK?", after which he tackled me to the ground and handcuffed me, apon which I said "Hey, man. What the hell? What's going on?", to which he said, "You are under arrest for possession of marijuana.", to which I replied "Whatever."). I offered no resistance, and followed his instructions. I had just been rudely awoken, while drunk and stoned; I was completely baffled with the situation at that time. He searched the chair and could not find the marijuana or the pipe. After several attempts at trying to find it, I volunteered to him that if he took out the cushions, it would fall out, as the cushions in that particular chair were removable. He did so and recovered the pipe and the marijuana. I had no other drugs in the house, although the officer searched my cabinets, my freezer, my refrigerator and my bookshelves as I was telling him I had nothing else besides the 2.5 dollars worth of marijuana. I was charged with Possession of Marijuana and Obstruction of Justice for "hiding the pot" in the armchair. I was 21 at the time of the charge.
I was counseled to plea First Offender to the Marijuana and to plea guilty to the Obstruction of Justice. My defendant never asked my my side of the story. He told me that I could not win the case, and that if i did not plea guilty to the Obstruction of Justice, I would not be allowed to plea First Offender to the Marijuana charge. I felt I had no other choice but to do so. As I stood before the bench, my arresting officer, new to the force, smiled at me with a look of regret on his face.
In 2004, I was walking through suburban Atlanta with a loaded antique hunting rifle in a hunting-scene decorated rifle case, searching for a pawn shop to pawn the gun. Yes, the gun was loaded, but the bolt action safety was on (the gun requires a full force pull back on the firing pin mechanism and then the mechanism has to be rotated 45 degrees clockwise while holding back on the tension of the firing spring to put the gun into ready position. The spring is very strong, and it took the officer who unloaded the weapon three tries to do it. Without taking the safety off, the trigger has no effect when pulled) and it was secured in a rifle case. The case was shut, clasped, and I was carrying it by the handle. The case is nearly 5 feet long, and with the 75 year old gun inside of it weighs around 15 pounds.
I was stopped by police and arrested for Carrying a Concealed Weapon. Again, stupidity on my part, I suppose. I assumed I had the right to bear arms that could not be fired without 3 steps taken to get the gun ready (putting down the case, unclasping/opening the case, spending several seconds taking the safety off of the gun, then firing. That is four steps, isn't it?) My lawyer would not argue the case for the fee I had already paid him, as I wanted him to do.
I have never committed a violent act in my life that was not in self defense (and that was twice, once when I was eight years old, and again a few months back when I was assaulted for stopping a man from beating his girlfriend. Both times I took the necessary measures to subdue my attackers, and nothing more). I did not have any intent to commit a crime with that rifle, nor did I realize that an antique rifle, although loaded, could be considered a concealed weapon when it was carried as I carried it - in plain and open view yet fully secured.
The gun was returned to me before I went to trial. I still own it.
Here is my issue:
That Obstruction of Justice charge is haunting me to this day. People will not believe me when I tell them at job interviews about what truly happened. All they hear is someone who has been charged with lying, smoking pot, hindering justice and carrying a concealed weapon.
It has kept me from being able to join the Army, and nearly kept me from obtaining a trucking job a few years back.
Is there anything I can do about the Obstruction of Justice charge? As I look back, I realize that I was unfairly prosecuted, beyond the extent of the law. I have always felt that I did not obstruct justice in any way, as I volunteered the location of the marijuana to the police officer when he was baffled as to where it was. It is only recently that I have decided that I may be able to do something about it.
How is it that an officer of the law can walk into my home unannounced as I slept, and blame me for obstructing him in his line of duties? I had no idea who the man was, he did not announce himself, nor could I see him as he shined his flashlight in my face. I certainly did not obstruct him in any way after I was mostly conscious and aware of the situation, nor do I feel I obstructed any Justice what-so-ever. I did not deny that I had marijuana, I only tried to point out the triviality of the amount. I should have been fighting the Obstruction of Justice charge, yet I knew no better.
In all these cases what I have reported here will, to the best of my knowledge, be the exact occurrences as documented by the law enforcement handling the cases.
I feel I was wronged in both of these instances (carrying a concealed weapon & obstruction of justice). I have owned up and agreed with my accusers in the other cases. I paid my debt to society and never made those mistakes again. I was naive, and did as I was advised to do by my lawyers. I don't quite understand why I am still paying for it.
What can I do to remove the Obstruction of Justice charge from my record? Can it be expunged? What is the procedure to do such things?
What can I do about the concealed weapon charge? I plead nolo, so I could not appeal. Is there anything besides waiting seven years that I can do?
If i am asked in the future about misdemeanor charges, do I have to report expunged information?
Any help on this would be greatly appreciated.
J D Stovall
I have been arrested for four misdemeanors in my lifetime.
They occurred in the years 2002, 2003 and 2004.
I will list the crimes I was arrested for and the outcome:
False report of a crime - I plead guilty - 2002.
Possession of Marijuana - I plead first offender - 2003.
Obstruction of Justice - I plead guilty - 2003.
Carrying a concealed weapon - I plead nolo - 2004.
First, I want to give you a full disclosure, the god's honest truth, as to why I was charged with these crimes.
I wrecked my car in 2002. I left it on the side of the road where I had spun out after a fresh rain after accelerating too quickly through a turn. I lied to the police and told them it was stolen, fearing what my mother would do to me when she found out. I confessed to lying within the hour. I lied to the police, I payed the price for doing so.
Early in the year of 2003, I was sleeping in a chair in my living room after getting drunk at a college party away from my apartment. I had, before sleeping, smoked 2.5 dollars worth of marijuana, and had another 2.5 dollars worth and a glass pipe lying at my feet on a footstool. I had fallen asleep with the front door open. A police officer apparently showed up, answering a call saying there had been a noise complaint. The officer walked into my apartment and shined a flashlight in my face, which woke me. He pointed at the marijuana and said, "Whats that?". I picked up the marijuana and the pipe and put it next to the cushion of the chair (the chair is solid oak construction from the 1960's, a three inch thick box frame measuring several feet on each side, with foot and a half thick cushions to sit on and to lean against at the back. Without taking out the cushions, the marijuana was stuck, pressed against the frame as he moved the cushions.) I then said, "What's what?". He proceeded to subdue me (he told me to, "Stand up!", which I did as I said "OK?", after which he tackled me to the ground and handcuffed me, apon which I said "Hey, man. What the hell? What's going on?", to which he said, "You are under arrest for possession of marijuana.", to which I replied "Whatever."). I offered no resistance, and followed his instructions. I had just been rudely awoken, while drunk and stoned; I was completely baffled with the situation at that time. He searched the chair and could not find the marijuana or the pipe. After several attempts at trying to find it, I volunteered to him that if he took out the cushions, it would fall out, as the cushions in that particular chair were removable. He did so and recovered the pipe and the marijuana. I had no other drugs in the house, although the officer searched my cabinets, my freezer, my refrigerator and my bookshelves as I was telling him I had nothing else besides the 2.5 dollars worth of marijuana. I was charged with Possession of Marijuana and Obstruction of Justice for "hiding the pot" in the armchair. I was 21 at the time of the charge.
I was counseled to plea First Offender to the Marijuana and to plea guilty to the Obstruction of Justice. My defendant never asked my my side of the story. He told me that I could not win the case, and that if i did not plea guilty to the Obstruction of Justice, I would not be allowed to plea First Offender to the Marijuana charge. I felt I had no other choice but to do so. As I stood before the bench, my arresting officer, new to the force, smiled at me with a look of regret on his face.
In 2004, I was walking through suburban Atlanta with a loaded antique hunting rifle in a hunting-scene decorated rifle case, searching for a pawn shop to pawn the gun. Yes, the gun was loaded, but the bolt action safety was on (the gun requires a full force pull back on the firing pin mechanism and then the mechanism has to be rotated 45 degrees clockwise while holding back on the tension of the firing spring to put the gun into ready position. The spring is very strong, and it took the officer who unloaded the weapon three tries to do it. Without taking the safety off, the trigger has no effect when pulled) and it was secured in a rifle case. The case was shut, clasped, and I was carrying it by the handle. The case is nearly 5 feet long, and with the 75 year old gun inside of it weighs around 15 pounds.
I was stopped by police and arrested for Carrying a Concealed Weapon. Again, stupidity on my part, I suppose. I assumed I had the right to bear arms that could not be fired without 3 steps taken to get the gun ready (putting down the case, unclasping/opening the case, spending several seconds taking the safety off of the gun, then firing. That is four steps, isn't it?) My lawyer would not argue the case for the fee I had already paid him, as I wanted him to do.
I have never committed a violent act in my life that was not in self defense (and that was twice, once when I was eight years old, and again a few months back when I was assaulted for stopping a man from beating his girlfriend. Both times I took the necessary measures to subdue my attackers, and nothing more). I did not have any intent to commit a crime with that rifle, nor did I realize that an antique rifle, although loaded, could be considered a concealed weapon when it was carried as I carried it - in plain and open view yet fully secured.
The gun was returned to me before I went to trial. I still own it.
Here is my issue:
That Obstruction of Justice charge is haunting me to this day. People will not believe me when I tell them at job interviews about what truly happened. All they hear is someone who has been charged with lying, smoking pot, hindering justice and carrying a concealed weapon.
It has kept me from being able to join the Army, and nearly kept me from obtaining a trucking job a few years back.
Is there anything I can do about the Obstruction of Justice charge? As I look back, I realize that I was unfairly prosecuted, beyond the extent of the law. I have always felt that I did not obstruct justice in any way, as I volunteered the location of the marijuana to the police officer when he was baffled as to where it was. It is only recently that I have decided that I may be able to do something about it.
How is it that an officer of the law can walk into my home unannounced as I slept, and blame me for obstructing him in his line of duties? I had no idea who the man was, he did not announce himself, nor could I see him as he shined his flashlight in my face. I certainly did not obstruct him in any way after I was mostly conscious and aware of the situation, nor do I feel I obstructed any Justice what-so-ever. I did not deny that I had marijuana, I only tried to point out the triviality of the amount. I should have been fighting the Obstruction of Justice charge, yet I knew no better.
In all these cases what I have reported here will, to the best of my knowledge, be the exact occurrences as documented by the law enforcement handling the cases.
I feel I was wronged in both of these instances (carrying a concealed weapon & obstruction of justice). I have owned up and agreed with my accusers in the other cases. I paid my debt to society and never made those mistakes again. I was naive, and did as I was advised to do by my lawyers. I don't quite understand why I am still paying for it.
What can I do to remove the Obstruction of Justice charge from my record? Can it be expunged? What is the procedure to do such things?
What can I do about the concealed weapon charge? I plead nolo, so I could not appeal. Is there anything besides waiting seven years that I can do?
If i am asked in the future about misdemeanor charges, do I have to report expunged information?
Any help on this would be greatly appreciated.
J D Stovall
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