Actually, it is too late to appeal. If you can show that you are innocent of the crime you might be able to bring a petition for writ of habeas corpus, but the burden of proof will be on you so you will need some pretty strong evidence.
Another option is to try to have your conviction expunged. Offhand I do not know the requirements for this, so I can't say whether you would be eligible.
Super9 said he doubted you would be able to find an attorney for a "minor" matter like this, but he is wrong. Criminal appellate lawyers (these are the same kind of lawyers who usually do habeas petitions) handle cases involving misdemeanors all the time. These cases are not minor to the defendants, and few lawyers would decline a case simply because it doesn't involve a very serious crime.
Good luck.
over a year ago,,i plead guilty to a 647b on OC,,,with no evidence against me,,just me refusing the pigs advances..i was thousands of miles away and had no $ to fight anymore...i have fullfilled the sentence had no prior,,,i am not a hooker i am a professional person and am still disgusted thati was pushed into this lie to settle,,how can i clear my name? i want to take that ,,can i go to trial would have to redo the sentence if they cheated and found me guilty
I do not think that it is possible to do what you are asking becuase your case has already been settled. You were convicted (you plead guilty), and sentenced. At your plea hearing and sentencing you were informed about all this and you had to affirm it.
The one option that may be open is for you to appeal the conviction based on some proof of coercion, or perjury, etc. but you would have to hire a criminal attorney who specializes in appeals and I doubt that you would find one willing to take on a minor (to them) case like this.
If you do have actual, undeniable evidence that the cop lied (a tape recording or video, etc), then you could present that to the DA but I guess if you had that you wouldn't have pled guilty in the first place.
If all you have is your word against the cops then you have nothing. Cops lie but they are believed because they are the "authority".
Actually, it is too late to appeal. If you can show that you are innocent of the crime you might be able to bring a petition for writ of habeas corpus, but the burden of proof will be on you so you will need some pretty strong evidence.
Another option is to try to have your conviction expunged. Offhand I do not know the requirements for this, so I can't say whether you would be eligible.
Super9 said he doubted you would be able to find an attorney for a "minor" matter like this, but he is wrong. Criminal appellate lawyers (these are the same kind of lawyers who usually do habeas petitions) handle cases involving misdemeanors all the time. These cases are not minor to the defendants, and few lawyers would decline a case simply because it doesn't involve a very serious crime.
Good luck.
I believe you are too late for an appeal & too early for an expungement. A habeus is too costly. E-mail me at [email protected] if you wish more info.
First, this isn't an appeal matter. You need to set aside the judgment on the basis of extrinsic fraud. Not easy under the best of circumstances.
Expungement is your best bet if you have fulfilled your probation's requirements. It goes off your PUBLIC record but it will NEVER be taken off your rap sheet. Sorry about that but it's a hard fact. You can do it yourself. Go to the clerk of the court (main criminal filing window) and ask for the forms. Fill out and submit. If you screw up, they'll return if you file with a stamped return envelope. I err on some stuff (as do the court clerks) and I get back my docs for amendment of correction.
I am learning... but my 2cents is that ANYONE charged with ANYTHING considered to be 'undesirable' should ALWAYS have their record sealed later. Because - no matter what the outcome is - the charge/outcome event remains on your record.
Say my friend was arrested and charged with solicitation / prostiution (S&P), she pleads not guilty and later the case is dismissed for lack of evidence. My friend's record would include an entry for arrest S&P - dismissed.
Or say my friend plead guilty/no contest and accepted an offer of charge reduced to something like jaywalking if she is a good girl for 6 months. Her record would have an entry for arrest S&P - reduced to Jaywalking.
I think my friend would be crazy if she didn't plead NOT Guilty all the way and then no matter what the outcome she should file to have her record sealed after the required time period passes. I believe it is 3 years before record may be sealed.