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    Re: DV Misdemeanor Post-Conviction Reduction to an Infractio

    Posted by Hardy Parkerson, J.D. on 4/13/13

    Dear Edward,

    For free, feel free to contact me at, 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!


    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
    > should proceed with him or guidance he should receive?
    > I plead guilty to the following Misdemeanor Violation 243
    > 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
    > 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
    > 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
    > 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
    > 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
    > 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
    > which I believe will be granted, given that I have been law
    > abiding
    > and more than 50&37; of my probation time has already
    > 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.

    Posts on this thread, including this one
  • DV Misdemeanor Post-Conviction Reduction to an Infraction, 12/19/12, by Edward.
  • Re: DV Misdemeanor Post-Conviction Reduction to an Infractio, 4/13/13, by Hardy Parkerson, J.D..
  • Re: DV Misdemeanor Post-Conviction Reduction to an Infractio, 11/20/14, by F.X. Martin.

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