about 4 years ago i got myself into some trouble- i got pulled over and arrested on some drug charges. it wasnt much but there was a felony charge involved.
i feel like such a dumb *** now for allowing this to happen but here is the story.
when i went to court for sentencing, the officers that arrested me were there of course to testify, BUT the evidence that i was arrested for, had been lost. NO EVIDENCE PRESENTED
we went ahead and plead out no contest and of course i was fined and put on probation, etc.
i was told by someone that the case should have been dismissed by the judge because the evidence was lost.
BUT INSTEAD i was convicted with this felony
my question is is there any way for me to get this overturned?
or am i just wishful thinking
my question is, is this something worth hiring a lawyer for?
i live in arkansas by the way, and in case your wondering the other lawyer has since passed away
2007-01-22 08:46:48 · 6 answers · asked by iammissmess 3 in Politics & Government ➔ Law & Ethics
You plead no contest which is basically an admission of guilt. No evidence is necessary for them to prove thier case when you admit your guilt to the court. There is really nothing you can do at this point.
2007-01-22 08:53:07 · answer #1 · answered by msi_cord 7 · 0⤊ 0⤋
I cannot answer a question regarding Arkansas law, or provide legal advice, but I can provide some information that may be of use to you.
First, although the physical evidence was lost, it might have been found prior to trial. Second, some evidence did exist, specifically, the testimony of the officers. Whether that would have been sufficient to convict is open to debate.
Second, you may have waived your right to appeal by entering your plea. Where I am, the common language for a plea includes a waiver of appeal. I don't know what the waivers are in your state, but it wouldn't surprise me if you had a similar waiver.
Third, your time to appeal may have passed. To set aside a conviction and appeal, it must be done within a certain amount of time, as prescribed by your state's law. Since this was four years ago, it seems very possible that your time to appeal may have passed.
Finally, your state may have a set of laws that allows for expungement of cases of old cases. If you have managed to stay out of trouble since then, you might consider seeing an attorney to see if it might be possible to clean up your record.
Good luck!
2007-01-22 09:02:04 · answer #2 · answered by Eric 3 · 0⤊ 0⤋
Well if there was no evidence and no field testing samples present for it, then yes the case shoulda been thrown out!! Public Defender?? Sorry hun...U might want to try to talk to an attorney about what the legal statues and stipulations are for an expungement. If it happened over four yrs ago then most states u can after 3 yrs if, IF, u hadnt had any problems since then. Most states just require u to wait 3 yrs, not a violent crime or not a felony of the upper 2 brackets for tht state.
2007-01-22 08:56:52 · answer #3 · answered by Dwayne M 3 · 0⤊ 0⤋
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2007-01-22 08:53:02 · answer #4 · answered by citronge69 4 · 0⤊ 0⤋
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2016-12-02 22:00:32 · answer #5 · answered by northcut 4 · 0⤊ 0⤋
You got hosed... But it's pretty much too late now. I can't believe your lawyer allowed this to happen, they must have given you either the stupidest or laziest lawyer in the entire state. Don't say you didn't have one either...felony charge = appointed attorney
2007-01-22 08:56:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋