Re: DV Misdemeanor Post-Conviction Reduction to an Infractio

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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.