Re: DV Misdemeanor Post-Conviction Reduction to an Infractio

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Nice seeing your post here, Mr. Parkerson! What's
been going on with you? How do you like your
retirement?

s/F.X. Martin, New Orleans

On 4/13/13, Hardy Parkerson, J.D. wrote:
> Dear Edward,
>
> For free, feel free to contact me at
> hparkerson@suddenlink.net, and I'll discuss this matter with
> you. Also, you may want to call me on my cell to discuss it
> at 337-802-4041. Perhaps we should communicate first by e-
> mail, lest the cell-phone call come at a time when I am out
> in public, on the highway, etc.
>
> Whatever you do, best wishes!
>
> Sincerely,
>
> Hardy Parkerson, J.D.
> [Retired lawyer, after 41 years at the state and federal
> Bars; Tulane Law, Class of 1966]
> Lake Charles, LA, USA
>
>
>
>
>
> On 12/19/12, Edward wrote:
>> This question is from one of my Clients, any advice on how
> I
>> should proceed with him or guidance he should receive?
>>
>>
>>
>> I plead guilty to the following Misdemeanor Violation 243
> (e).
>>
>> However, I did not purposely use any force and my original
>> intention
>> was to plead innocent and see the case through.
>>
>> During the negotiations process, on the day of court trial,
>> my assigned Public Defender, was supposedly trying to
> explain
>> why I should just Plead to the 243(e)...
>>
>> In doing so, he illustrated by punching me in my
> arm, "lightly",
>> and saying, see that is all that you are pleading to...
>>
>> I feel that it was a form of coersion and that my
> physically
>> striking me,
>> he was diluting the seriousness of the charge, while
>> simultaneously
>> and intentionally, commiting the crime of battery upon me.
>>
>> It was very confusing to say the least, why he would think
>> that he could
>> do that to me, with no consecuences to himself, while I
>> would at the same time, be faced with it as a crime on my
>> record.
>>
>> After, having plead, and receiving the conviction. I later
>> reflected upon
>> what had happened on my trial day and mentioned it to the
> judge
>> to see if I could have my conviction overturned.
>>
>> The judge assigned a new public defender to me so that she
>> could
>> do a writ about the event and submit it to the judge.
>>
>> After speaking with my new attorney, I explained
> everything,
>> she also spoke with the previous public defender.
>> Unfortunately, she chose to dishonor the judges request
>> and chose not to file the writ on my behalf.
>> She, told me that it was something that I would need to do
>> myself.
>>
>> At this point, I have already completed all the
> requirements,
>> that were necessary to put the case behind me.
>> I did the classes and paid the fine.
>> I am going to ask for an early termination of my probation
> next,
>> which I believe will be granted, given that I have been law
>> abiding
>> and more than 50&37; of my probation time has already
> passed.
>>
>> And Finally, I was going to ask for an expungement,
>> which I believe would also be granted.
>>
>> My Question is:
>>
>> I recently learned that the California Expungement will not
>> restore my gun rights.
>>
>> Therefore, would it be possible for me to ask for a
>> reduction of the misdemeanor, to an infaction, instead of
>> applying for the expungement.
>>
>> Especially given, that the circumstances of the conviction,
>> were less than ideal.