Quote:
Originally Posted by Happy Camper
Thank you for the information. (Potentially Triggering, again)
Now here is something very specific about a worst case scenario. A "loser case," so to speak, where a person had no chance of not being found guilty---because "guilty" or "not guilty" depends on if the person's actions were intentional or not, and in this example, they were not intentional, but, equally importantly, simply challenging the conviction could open them up to the possibility of a more serious criminal conviction.
The "example" (and this is just for the sake of conversation) is described as such: person is charged with misdemeanor and felony---no bail, jail conditions are torturous, the jailers corrupt and untouchable, and it is not out of the question they could set a person up for 20 years or murder them. Prosecutor offers a deal----confess to the misdemeanor, and the felony goes away. Person does just that, but now lives with loss of certain freedoms, damaged reputation, and less opportunity.
Normal circumstances don't apply, because the absence of intent exist inside the person, not in traditional evidence, and they have already confessed (because of the combination of a dangerous environment, the suffering, and the chance of a felony), and believe even if they get an opportunity to have the case reassessed, it will come with the chance for the felony to still happen, in case a full trial happens or something else.
So that's one fictional situation.
What if there was medical evidence supporting the defendant, which the defendant mentioned to a lawyer one time, but then gets ignored and forgotten, and because of the nature of the medical problems, does not get brought up again at any point?
Would they be able to safely request this get taken into consideration, with the possibility of expungement, and without the a chance of being opened up to the more serious charge?
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I cant say what would or would not be taken into consideration.it all depends upon what the lawyer puts in the petition for expungement.
your friend will have to contact their lawyer and discuss with the lawyer why they want the expungement and any evidence for it. then the lawyer submits the petition to the court.
in other words only the lawyer and your friend will know what will and wont be considered.
hypotheticals and fiction cant determine things like this its all individual according to each case and what they and their lawyer decides.
my suggestion contact the lawyers they can advise you best on how to get an expungement. they will explain further how expungements work and what is considered in it.