I need some information.

Tammy Nelson · #1 08-13-2002, 03:39 PM

Hello, I need some help and information. My husband was charged with a misdeamer charge in California, he plead guilty and served his sentence. He got into trouble in Colo. and was charged and found guilty of the charge. In his sentencing the judge looked at his record from California which had the misdeamer down as a felony. He was given an additional 8 years because of this. NOW my question is where and how do I get a copy of the charge and the court ruling and that he served his time. I need to have proof that this was a misdemeaner not a felony charge. Hope I made this clear and that someone can help me with this.

**David** · #2 08-13-2002, 04:28 PM

You can get it from the court clerks office at the court he was sentenced from originally. (In california) They will have a copy of the sentence for that charge. Once you have that they will have to re-sentence him, or at least adjust the sentence.

David

Tammy Nelson · #3 08-13-2002, 04:59 PM

Thank you for your reply. I will have to get the court info...When my husband was sentenced the judge looked at his "record"..Where does this record come from? If it comes from the court clerk then they have it wrong... Will the court mail me the info? Is there a charge for this?
Again Thanks,

danielle · #4 08-13-2002, 05:26 PM

Most likely they got his record from the NCIC - which is a national computer system that keeps up with this. Did he have a court appointed attorney? If you can't get the information, then the attorney can. I am not sure about if there is a charge or isn't. For my job I had to get a criminal background check and in the past I've been charged with a felony, but it was dropped. I had to get a copy of where the charge was disposed, so I went to the clerk's office and got a paper that they notarized for free stating I had no felony convictions.

Good luck and let us know how it turns out!

KConnor56 · #5 08-13-2002, 05:46 PM

Tammy,

What everyone has said is right. You can get the info from the County Clerk in the county where he was sentenced.

I don't want to throw a wet blanket on this but, is your husband absolutely positive he was convicted of a misdemeanor. The reason I ask this is because, Calif. has many crimes that can be charged as a misdemeanor or a felony, like possesion of dope, petty theft, etc. Many times what they do is charge you with a felony, give you a lightweight sentence, & tell you that once your sentence is done you can have it dropped to a misdemeanor. Many people think this happens automatically, but it doesn't. You must pettition the court to have it lowered to a misdemeanor. I have seen this happen to many people. I hope this isn't the case with your husband.

In any case definately contact your husbands lawyer as he will have easy access to the info, & can get the info from Calif. easier, & faster than you can.

Good Luck--------Ken

Tammy Nelson · #6 08-13-2002, 05:50 PM

Oh and thank you for your info too.
He had an appointed lawyer. He has been in now for 8 years and the lawyer wasn't any help then. He has an appeal in the courts right now and has requested a lawyer which we are waiting to hear about now. I wanted the paper work to file along with the appeal so that it was in black in white. No One has ever looked into this they just deny the appeal.
Again thanks,

B-Ray · #7 08-13-2002, 06:18 PM

Court clerks do make mistakes! Some might even be on purpose? In 1968 the court set aside my verdict and sealed the records, that order is in my jacket, but NEVER signed. I didn't find this out until 1996 when fighting this registory thing. All involve back then are gone, judge, lawer, PO, clerks ect. You might have to do some digging to see if the "clerk" used the right CODE with his case, if it isn't listed as a misdeamer.

I find gross mistakes, with online rap sheets also!

Tammy Nelson · #8 08-13-2002, 07:49 PM

Thank you B-Ray. My husband was charged with a misdemeaner plead guilty and served 3 months. On his record it says he plead guilty to a felony and got 5 years probation, with no time served. When he calls tonight I will get the county and maybe a case # and try writing to that court or clerk. Thanks again for all the info.