Does anyone know where i can find the proper format to file a motion to vacate a plea in kentucky?

Question

I am working to have a felony drug offense possibly expunged or sealed in kentucky. I was told that I may first want to file a motion to vacate the plea but it has been 5 years as of july. So I also need to know if anyone knows the statute of limitations regarding the time limit to file the motion to vacate as well. The case involved domestic violence with me being the victim and ended with a trafficking charge due to me not being willing to testify against my abuser. I am currently enrolled in a criminal justice program and will graduate in June '07 but cannot enter the field with my charge. Ky has a 5 year wait for expungements after all time is served. For me that will not be completed til Oct '06. I really want to be able to help other women who have been abused and would appreciate any assistance in this matter.

Answer 1

Good question. But can't you ask your instructor?

If that won't work I'd contact the Office of the Clerk of Courts in the county in which you were charged, their legal aid source, or spend the money for legal advice from an attorney there to get the right answer. It would seem to be worth it, considering the consequences of not doing it properly and expeditiously. Your graduation is only ten months away.

Good luck

Answer 2

once a accountable plea became widely used, it became carried out as such. The record can basically be challenged lower than evaluation of the regulations of criminal strategies. The 4 factors that could be challenged are got here upon lower than: a million) Strickland v Washington (ineffective innovations of tips) 2) Boykin v Alabama (That a plea became, Voluntary, information of rights given up, plus Intelligently carried out, all 3 might want to were addressed and recognized.) the regulations of the courtroom section are got here upon lower than those situations and Rule 403: Pleas of accountable or circumstances adequate to Convict. be conscious the time period Colloquy, through a prefer to the Defendant, about the above rights waived, checked off as such, accordingly being carried out in accordance with the situations said. If no longer carried out, you've aright to project the Plea. be conscious that once challenged and upheld, you'll might want to be retried on the remember because the plea became no longer carried out suited so now an ordeal might want to be held into the remember previously the courtroom for evaluation.

Answer 3

Check the court's website and see if they have forms available.