Assault & Battery Domestic violence

[screwedRoyal]

Hello
Long story I'll try to keep it short. The wife was fooling around on the side , I found
out. told her to move she did after seven months (when the state started going for child support) she came back. for two weeks kept accusing me of sleeping with the babysitter
who was 15 and my best friends daughter. One night after a long day of work she pushed my buttons and put a gash on my side. I reacted (which I'm not proud of) she calls the police they arrest me for domestic violence.upon talking to the sergeant in charge he tells me he is also charging me with criminal sexual conduct with a person under 15.those
charges never materialized although the wifes alegations where in the police report and
nothing i said was.there was a follow up report from a different officer because my friend and his daughter (they are also my neighbors) had to call the police because she forced their sliding door open in a attempt to harm/confront the daughter about her allegations(the wifes) three pages of what she had to say and one paragraph of what i had to say the follow up from father and daughter matched what I said which was the daughter was not at my house(wife said she walked in on us).I could of had a public defender instead i hire
a lawyer after talking to several all told me to plea a nolo contendo.the laywer was being paid in installments. I still owed him 400 dollars and he excused himself from the case
when it went back in front of the judge.Can I get this case reopened and retried for lack of representation as he didnt inform me about a lot of things like the fact I cant own a gun
now or be a corrections officer or any job that requires a firearm. I was simply acting in self defense of my home and sanity(as well as the kids have 2 and my friends daughters reputation and well being).I dont know how I can be banned from owning a gun
the U.S and michigan constitution both say I have the right. I never used the gun in any crime.

 

[CdwJava]

Under state and federal law, conviction of a crime involving domestic violence can prevent you from owning or possessing a firearm for at least 10 years.

You can always consult with an attorney to see if you have a case for lack of adequate representation. However, that means that you can be subject to a new trial and also subject to jail time AND a firearm ban upon a conviction instead of just the firearm ban.

Also, they might be able to use your allocution (your confession as part of the plea agreement) against you in a new trial. Since a guilty plea generally comes with your telling the court how you committed the crime, that can weigh against you later if it can be used.

You really need to pay for a new attorney who can look at your case and see if there are grounds for an appeal.

Note also that there are time limits on filing an appeal, so you may have to act fast if it is not too late.


- Carl

 

[screwedRoyal]

thanks

all I did is stand in front of the judge and say nolo contendo thats it. no confession. it was a matter of self defense just because shes my estranged wife
shouldnt matter.

 

[CdwJava]

all I did is stand in front of the judge and say nolo contendo thats it. no confession. it was a matter of self defense just because shes my estranged wife
shouldnt matter.

Self defense is an affirmative defense - a justification - to be asserted at trial. A confession is still a confession. Since you did not have to allocute, then that couldn't be used against you, but you will still have to hire an attorney and convince an appeals court that you had inadequate representation.

A DV conviction prevents possession or ownership of a firearm for a specific period of time - nolo or not.

- carl