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Question in regards to the proper jurisdiction of the courts in a criminal defense/appeals/expunge.

Bolivar, MO |

Hello. I was accused of making a falsified court document. I was in Missouri at the time, the document(s) in question (Marriage license, annulment) were handed over to the attorney of my girlfriend at the time in Arkansas, where she was due in court. The papers said they were from a California court. I was arrested at my home in Missouri, extradited to California and forced into a plea bargain with the threat of 14 years if I fought it. I had never been in trouble in my life and was scared, so I signed it. I now have a felony on my record. It was 7 years ago. It is keeping me from providing for my wife and child here in Missouri today. Was this a legal use of the courts jurisdiction? Do I have any chance of having it removed from my record? I was NEVER in California.

Attorney Answers 2


I do not see a jurisdictional; problem here. Furthermore, if you will pardon me for pointing this out, you were not forced into a plea bargain. You were simply put face to face with a very ugly reality and had a nasty and very unpleasant choice to make. You made it. The alternative was trial with a risk of conviction. It is unfortunate, but it does not help to distort what happened.

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If the crime was committed in california, that would be enough for jurisdiction. if you were extradited, it meant that you waived it and allowed yourself to be sent to california. you also signed the plea agreement knowing you could have challenged the state's charges, so unless someone physically threatened you or a loved one, you were not threatened under the eyes of the law. If you want to contest your guilty plea, california probably has a time limit within which to contest it. you need to hire a california attorney or apply for a california public defender attorney on the issue.

NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions, you can contact me at 636-532-1400 or through my website

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