Legal Question in Criminal Law in Nebraska

Here we go again.

Maybe this time?

Maybe if I ask it differently?

Back in 1999, I was arrested for felony DUS while returning to my home.

I later learned that the guy next door had been secretly monitoring my cordless telephone calls for who knows how long.

I intended to prove this during my defense on the criminal charge and was just about to do so when my attorney changed sides.

My Mother was diagnosed with cancer and had a colostamy and was receiving chemo at the time, too

She didn't need the extra stress.

When my attorney offered me a plea deal, I initially turned them down.

I was not a convicted felon at that time, was a proud lifetime member of the NRA and gun owner, and wanted to keep my 2nd Amendment Right if I could.

So he talked to the Judge and came back with a deal offering to set aside my CONVICTION for felony DUS once my probation was complete. I was skeptical and asked if he just made that up but was told it's a legitimate and little known option available to judges at sentencing.

Just in case, when under oath and being recorded by the Court Reporter, I answered YES when asked by judge if I had been promised anything for or forced by anyone into changing my plea to No Contest.

My attorney had apparently never discussed any of it with the judge from the reaction the judge had to my answering YES to his question.

I took that opportunity to recite the details of the agreement while my every word was being recorded.

The judge reluctantly agreed to the deal and I was given probation.

I completed probation successfully without incident.

That was ten years ago.

My neighbor's divorce attorney discussed this with me, briefly, and got a copy of the sentencing agreement from

The court made mention of setting aside my prison sentence at sentencing, not the felony conviction.

But that wasn't our agreement.

Do I need to prove the sentencing judge agreed to set aside the entire conviction in exchange for my guilty plea?

If so, will the court reporter's transcripts provide that proof?

The court reporter moved to Florida, apparently.

Thanks


Asked on 2/05/11, 9:27 am

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

It sounds as though you have had a difficult time. Most of the details you have provided would be important only to yourself and have no legal significance. At this point, the best recourse available to you is probably to apply to the Nebraska Pardons Board for a pardon. There is information on their website as to how to proceed with a request for pardon. You may also hire a lawyer to assist with your application for pardon if you choose to do so.

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Answered on 2/10/11, 6:19 am


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