Legal Question in Criminal Law in Washington

changing of files

I was arrested in 1991 for buying a 1/8 of marijuiana.

I had an appointed public defender which when i seen her my charges on the paperwork also stated that i had purchased under 1 gram of cocaine. Which never happened i am guilty of the pot but i was told if i didn't make a guilty plea to the cocaine that i would get a stiffer sentence than the pot charge.. Now as of about 5 years ago my record on that same charge now states it as a heroin charge. I just recently was surrounded by police force at my home and was arrested for being a felon in possession of a firearm. I got 3 months jail time to serve and $$$ fines etc due to what happened in 1991 when i was convicted of what was pot but then was convicted of cocaine which never happened, Now it is heroin and not cocaine. I am really confused about why my record keeps getting worded different all the time..When i went to try and cross the border to get my daughter the border station personnel said i had a heroin conviction this is so untrue.. I have been harrassed by police arrested by police when i had no reason to be arrested i had no warrants and wasn't wanted at numerous occassions..


Asked on 3/16/06, 10:04 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: changing of files

Thank you for your question. The real answers will only come once you have gathered any relevant paperwork together. You need the court records of your original conviction and the subsequent arrest with sentencing. It isn't clear who is now saying it is a heroine conviction although, according to the law, there is no difference between cocaine and heroine. I know that is not true in real life. If you want to get the papers together I can review them with you to come up with some answers and a course of action. My consultation fee is $200. Or I can get all the papers together, review them with you or alone, and tell or write you a synopsis of what you should do next to clear things up. Depending on the situation, I can help you further at that time. I can't really give you a quote for that as I do not know where you were convicted, when, etc.

I hope this answer has been helpful to you. If you have further questions please contact me directly.

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Answered on 3/16/06, 2:35 pm


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