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Legal advice on closed case

M

mischievous_angel

Greenlighter
Joined
Feb 14, 2012
Messages
42
Location
USA
I couldn't post a new thread in the legal section, so I wasnt quite sure where to put this.

Anyway, I had an abusive boyfriend who would beat me if I didn't use with him, or if I threatened to leave. If I did succeed in leaving, he would always find me and beat me til I was unconscious... and he forced me to be the driver when he cooked the meth in the ditches and farmer fields. He even broke my phone so I couldn't get ahold of anyone for help, kept me out in the country, and kept the car keys on him so I couldn't leave.

We eventually got in trouble with the law, and, in fear of him hurting me, I tried to take the blame and make him look like the innocent one (he was there for my hearings and they tried to get me tho testify against him, and when I refused, they worsened my sentence. I was afraid he'd kill me if I did testify against him and if he somehow got out or even just got a small amount of time). Of course they didn't buy it and he got 7 yrs in the pen. But I ended up with 6 yrs of probation (deferred) for the clandestine lab and illegal manufacture of dangerous drugs charges (which were 2 separate cases and the worser. They got dropped to 2 counts of precursors to dangerous drugs) but for the trespassing, ingestion of a controlled substance, and possession of drug paraphernalia charges (took place in a completely different and obviously more strict state) I got probation for 2 yrs (to run concurrent with the other charges) and a suspended sentence so upon completion, they get dropped to a misdemeanor.

But I want it ALL cleared from my record and I really don't want to waste more time on probation. The town I live in used to be small enough so ppl could leave their house and car doors unlocked, 24/7, and now it's grown so much, there are shootings, rapes, everything we never saw growing up. It is scary for small townsfolk to watch their modest hometown grow into something so evil, it is almost essential to carry around something for protection, which is impossible for me being on probation. I'm a small girl, too, 115lbs soaking wet, and pretty, so obviously an easy target. I'm scared and would like to end this probation shit so I can get my concealed weapons license and get a passport.

Could I make a new case and try to get all charges dropped? I understand I made the mistake of dating him but how was I to know who he was and exactly what he did before we started to date? I don't do background checks on everyone I meet! I have people -are lots, who could testify for my bruises, trying to get away, etc. What can I do? I'm not so afraid of him since he has 7 yrs, and may get more if I do try to do this & win. Plus if I so, I'm gonna move away so he could never find or hurt me. Opinions and/or advice? Anyone have legal experience/knowledge? Questions/comments, go ahead and ask away. Also, sorry its so long. Had to keep it detailed so I can get the most accurate advice. Thanks.
 
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yeah you could try the dark side but this is also a good place for this question i would think.... tho i know nothing about the legal stuff with your post I would say go for it definitely try to put him away too. I know what you mean about your area you live in getting bad over the course of your life... I know how that is... nkThe towns I have lived in, suburbs of chicago some of them have gotten so much worse than they were when I was born and really young. My parents would say so even more too. It is a bigger shock to them I think.
 
I think it's going to be nearly impossible for you to change being on probation. You signed an agreement for probation, you're stuck in the system til its done. You *might* be able to talk to your probation officer in order to change towns within the state if you put it in an 'I'm concerned about my safety' context. Even if that happens you'll still probably be on probation... just out of town. The only way I see you getting around this really long probation period is *talking* to the probation officer. He/she pretty much holds the keys though I'm not even sure how much they can do besides put in a request for early release which I do not think happens very often. What state are you in?
 
Okay, the being on probation part I can handle. I can handle a deferred sentence that gets erased from my record when I'm finished with probation, but the SUSPENDED sentence, I cannot. I don't want something so petty on my record forever. Drug paraphernalia? What do I say to my kids? "Don't do drugs, but I'm a hypocrite because I used to". And what about their friends' parents who decide to do a background check because they don't want their kids getting mixed into the "wrong crowd"? And I hate filling out job applications! I deserve a chance to be able to provide for my children and myself and not have to live off welfare, but nowhere wants to hire a "drug addict", even though I've been clean for two years and am completely consential to random piss tests... they were my first offenses - not even a speeding ticket on my record! I got caught up with the wrong boy, who wouldn't let me go until he was forced to. I'm grateful they didn't give me jail time, but still.
 
Missykins said:
Once you have finished your probation, see an attorney about which of your convictions can be expunged from your record.
Click to expand...
^^^ This.
And as for what to tell your kids. Tell them the truth.
All 4 of my girls know I used and that that's why I am on probation and very soon goin to be enterin an out patient treatment program. Honestly, now that they've seen what drugs do first hand they want nothin to do with 'em.
I thought about hidin it from them, but in this case it was best to be honest so I can say don't do drugs bc I REALLY know how bad it ruins your life. If it matters my kids are ages 5-14 yrs old.
 
K. My kids aren't even born yet, though, so if I flat out tell them I did drugs, what's the point? I'm 2 yrs sober and doing better than before I did drugs, so it's not like they experienced first hand the terrible effects they had on me. So what if, instead of scaring them, it gives them the impression that drugs don't harm you? And like I said, some parents are crazy. What if it hinders my kids from making friends in school? My "precursors x2" get dropped after probation, but the damn paraphernalia only drops to a misdemeanor upon completion. What if I take it to trial?
 
BabyGurl3171 said:
^^^ This.
And as for what to tell your kids. Tell them the truth.
All 4 of my girls know I used and that that's why I am on probation and very soon goin to be enterin an out patient treatment program. Honestly, now that they've seen what drugs do first hand they want nothin to do with 'em.
I thought about hidin it from them, but in this case it was best to be honest so I can say don't do drugs bc I REALLY know how bad it ruins your life. If it matters my kids are ages 5-14 yrs old.
Click to expand...

I also saw what drugs did, to my brother, first hand. Sure as shit didn't keep me from doin em! So no. Truth is:: shit don't work! Trust me!!
 
mischievous_angel said:
K. My kids aren't even born yet, though, so if I flat out tell them I did drugs, what's the point? I'm 2 yrs sober and doing better than before I did drugs, so it's not like they experienced first hand the terrible effects they had on me. So what if, instead of scaring them, it gives them the impression that drugs don't harm you? And like I said, some parents are crazy. What if it hinders my kids from making friends in school? My "precursors x2" get dropped after probation, but the damn paraphernalia only drops to a misdemeanor upon completion. What if I take it to trial?
Click to expand...

I don't know how you could take it to trial. You've already entered your plea and have been sentenced. Was the original paraphernalia charge a felony? Anyways, you really should direct you questions to an attorney.
 
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