Posted by Edward on 12/19/12

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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% 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.

Re: DV Misdemeanor Post-Conviction Reduction to an Infractio, 11/20/14, by F.X. Martin.

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