CCW in limbo. I think. Need help understanding.

[1gr8opr8r]

Well I have taken the advice of the Forum members. Utilizing the list of "gun friendly" attorneys. I have emailed one requesting retainage and services or counsel at the minimum. All of the posts have been helpfull, if not freightening. If my public defender had made me aware of all of the ramifacations of my plea, I still dont know what I would have done. I suppose I could have fought the charge baised on the actual contact. I just dont know. The situation was overwelming and I was rather distrought over the whole situation. I was forthcoming with all requests for information, thats the way I have lived my life. I remember once a fellow MP who moved into the civilian sector telling me "Admit nothing, deny everything and demand proof." He told me this after becoming a Michigan State Trooper. Not that he knew that I would experiance anything like this. He was soley tring inform me that "Any thing you say can and will be used agenst you". I truly hope that the attorney will be able to help, even if its possiable to change my plea. Have any of you ever heard of someone being able to go back into a case and change a plea?

Harry

[VBshooter]

No, but there are cases in some states where a NOLO plea is not considered a conviction even though the penalty is usually the same. IANAL but a guilty plea leaves no doubt, NOLO leaves that doubt of guilt as you neither admit or deny the charge. Will be interested to see how a lawyer will handle this for you.

[1gr8opr8r]

IANAL but a guilty plea leaves no doubt, NOLO leaves that doubt of guilt as you neither admit or deny the charge. Will be interested to see how a lawyer will handle this for you.[/quote]

IANAL?? What does this stand for?

Thank you,
Harry

[tursiops]

IANAL = I am not a lawyer.

[1gr8opr8r]

Sorry, I was not able to figure that out.

[1gr8opr8r]

Folks, this is a devistating blow to me. My peers and other family members are of the opinion that this should not bother me in the least. They dont take serious the security I felt knowing that should I ever need to defend the family, whether in the home or out, I would be able to without question. They dont feel the loss to our comfort. I now know that their opinion of the side arms and long guns was one of distain. They thought of my sport practice as a slight bit of "wacko" entertainment. The world is a lottery when it comes to those who would do you harm for the items you worked for. They care not of your residential situation or what you have or havent got. Its a lottery on which home they will invade. You can not say with certinty that they will not choose your back door, side window, basement entrance, on any given night. By the same token, geography is no savior either, they care not who you are or that you think that it will never happen to you. Its their profession, to take what others have worked for and if the "mark" should put up an unarmed struggle, there is a very good chance that the victim will be incapacitated at the least.
I, for one never looked at my "hobby" as a "wacko" past time but more over an excersize in ensuring our safty agenst the lottery. This fourm has been my sole supporter throughout this, some posts have been harsh, while others informitive. I never asked for the replies to be subtal, and knew that as the offender I was giving the sport/responsibility a black eye. I knew that the harsh replies would come, but I need & needed information.

Is it possable to have your record expunged after some time in this state/Commonwelth?

Let me appoligise now for anyone who has read my posts and thought that "this moron cant spell to save his life" . Well your right.

Thanks,
Harry

[VBshooter]

No problem Harry the damn internet has us all talking in Shortcut Letters

[zephyp]

Folks, this is a devistating blow to me. My peers and other family members are of the opinion that this should not bother me in the least. They dont take serious the security I felt knowing that should I ever need to defend the family, whether in the home or out, I would be able to without question. They dont feel the loss to our comfort. I now know that their opinion of the side arms and long guns was one of distain. They thought of my sport practice as a slight bit of "wacko" entertainment. The world is a lottery when it comes to those who would do you harm for the items you worked for. They care not of your residential situation or what you have or havent got. Its a lottery on which home they will invade. You can not say with certinty that they will not choose your back door, side window, basement entrance, on any given night. By the same token, geography is no savior either, they care not who you are or that you think that it will never happen to you. Its their profession, to take what others have worked for and if the "mark" should put up an unarmed struggle, there is a very good chance that the victim will be incapacitated at the least.
I, for one never looked at my "hobby" as a "wacko" past time but more over an excersize in ensuring our safty agenst the lottery. This fourm has been my sole supporter throughout this, some posts have been harsh, while others informitive. I never asked for the replies to be subtal, and knew that as the offender I was giving the sport/responsibility a black eye. I knew that the harsh replies would come, but I need & needed information.

Is it possable to have your record expunged after some time in this state/Commonwelth?

Let me appoligise now for anyone who has read my posts and thought that "this moron cant spell to save his life" . Well your right.

Thanks,
Harry

Expungement is always an option, however they are often viewed as something to get a procedural error off your record. For instance, if you are charged with a crime and found not guilty or if you have a minor blip without any priors. I would think in a case like yours there might be a waiting period (not by law but by opinion) that a judge would want to see before granting to expunge. I would talk to your attorney about this.

Btw, since you're going to spend some bucks getting a lawyer, many will do an initial consult free. That lets you feel each other out...

[Vahunter]

Since you haven't stated what you did or what happened to get in this stituation I'm not about to pass judgement but here's a little story. A year or so ago my not ex son in law had his CHP taken way when he was arrested for beating my daughter and oldest grandson who was 3. The judge did tell the POS that he could get his CHP back in 2 years which I didn't understand because of the domestic volience charge. In his case I'm hoping it'll never happen and he won't be able to defend hisself whe his crack dealer puts a hit on him for turning on him. I can only hope it happens .

[1gr8opr8r]

There have been several referances to "not knowing what I had done". In this post I am going to air the details of the event.
On December 1, 2009. I returned home from work early to spend time with the wife and kids. I typically work well past dark and was looking to spend some time with all before bedtime. [REDACTED] I remained in the bedroom until my cell phone rang. It was Dispatch asking me to exit the home walk off the porch and face left. I sat still for a moment, than did as told. Severl orders were directed at me which again I complied with. I was then cuffed by an unseen officer, and within seconds of the cuffs ratchiting on my wrists there was an M4 and P220 in my face. Oddly enough I really wanted to talk to the guys about the issued arms. The next week found me in very uncomfortable places.
This in combanation with the previous posts should bring all up to speed with my demons.
Harry

[Palladin]

I've read this thread through three times, and there are still some things (datewise) that don't add up for me, having lived through similar circumstances.

POs are for 2 years.(If I remember correctly) How is it already expired, or was it an EPO (Emergency Protective Order)in place until there was a hearing. Are you not now under a PO?

And is the domestic situation resolved? (with smiley faces) Or in the process of dissolving?(with frowny faces) Send a private message if you'd rather not make that info public.


If IRC, there can be no purchase or transport of firearms(concealed or otherwise) while named in a PO.

I ain't a lawyer either... and my memory isn't what it used to be.

[zephyp]

I dont know anything about VA law concerning this but the question is who pressed the charges? If the state has the right to do so then you need a good lawyer. If your wife did and she drops them then you are much better off IF the state cant or wont pursue.

So if I were you I would find out who pressed charges...regarding the PO once you and your wife patch things up then she can drop that by appearing before a judge...

In the meantime if the PO is still in effect DO NOT contact or visit your wife under any circumstances even if she invites you too...

If you and your wife are willing to work through this -- I would contact her via your lawyer...get her to drop the PO so you can work together...if the state pursues charges their witness if her. She can refuse to testify in court against you because she is your wife...

[allingeneral]

Virginia is one of those states where, in the interest of the "abused" party, the Commonwealth will press charges. Once the police are called and a sworn statement is given by the wife, she no longer has a say as to whether or not charges are pursued - it's up to the Commonwealth's Attorney (C.A.) from that point forward. In my experience, the C.A. will do everything they can to ensure that the wife understands that she has been victimized and will try to get her to do or say whatever she can to get a conviction. (Been there, done that - found Not Guilty)


Here is what Halifax County C.A. website says about this

When does the Commonwealth's Attorney's Office handle domestic violence misdemeanors?

The Office of the Commonwealth's Attorney reviews all domestic violence offenses and prosecutes cases where bodily injuries have been sustained and sufficient evidence exists to support prosecution.

I am a domestic violence victim. My husband promised to never lay a hand on me again. Can I drop the charges?

No, you cannot drop the charges. The only person who can request the court to drop charges is the prosecutor assigned to your case. The Halifax County Commonwealth's Attorney's Office has a no-drop policy for domestic violence cases. This is to protect you against further violence and to document the violence that has already occurred.

As for Expungement - They are mostly used for "Procedural errors", as previously stated. Some of these include being accused of a crime that you did not commit in which a "Not Guilty" or "Nolle Prosequi" is entered for a disposition. Expungement is also used when you find something on your record which was placed there by mistake - i.e., you have the same name as the actual person who committed the crime and it somehow found its way onto your record, etc.

IANAL - but I don't think a Nolo Contendere plea is expungeable.


And finally - Since this still seems to be an action that is currently being litigated, I would suggest that you remove your post which outlines the events that occurred that night. Actually - I'll do that for you - your post above is being redacted in your own best interest.

[zephyp]

Ok so the state has control. The best course of action is to try and work with your wife THROUGH your attorney to save your marriage if you both want that. Then ask her not to testify. Not sure what the term is but from your discourse she is the only witness and cannot be compelled to testify against you (think its spousal privilege) unless VA has some bolixed up law on that one...then your attorney can press for dismissal or not guilty and you can later have the whole thing expunged.