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Can you get rid of a felony after 20 years?: When I was 23 living in Florida, I got a letter in the mail I had to be in court in NJ in 3 days for a burglary charge. The crime was committed 4 years earlier when I lived in NJ. I flew up there paid a lawyer $500 and he told me to plea guilty even though I didn't want to. I had no idea I was going to get a felony and adjudicated. Really I didn't even commit this crime. I was outed by someone who got in trouble for something else and wanted to make a deal so they gave them my name. But didn't even do it. I took these 2 guys to my house a month earlier and apparently they scoped out my neighbors house. They came back without me a month later and robbed the place. They couldn't find the other guy that was with him so they put it all on me. I paid restitution of 1,000, did 50 plus hours of community service probation for 2 years and forever have this felony on my record. It has affected my life ever since. I'm now a mom living in Florida. I'm over 40 and its so hard to get an apartment to get a job to get approved for anything. Is there anything I can do?

Asked 3 months ago in Criminal Defense

Scott’s answer: If it has been over ten years since you completed probation and paid your fines, you should be able to remove the conviction from your record through expungement. I would need all the details to tell you for sure. Good luck.

Answered 3 months ago.

Can I get a driving while suspended downgraded if I didn't get a notice of suspension from motor vehicle until 3 days later?: I was given a summons on December 14 and received notice of suspension from motor vehicle on December 17. I was not pulled over for a traffic violation I was called by the police to pick up a family member who was in an accident. I showed the officer my license upon arrival thinking it was in good standing and he informed me it was suspended 3 days earlier and wrote a summons. I received a notice of suspension 3 days later for non payment of surcharge which was paid late.

Asked 5 months ago in DUI & DWI

Scott’s answer: Yes, you likely can get the offense downgraded. Knowledge of the suspension must be proven by the state. If the letter you received was the only one sent, you have a very good argument. If there was some other notice sent, it may more difficult to get it dismissed or downgraded. Talk to a local attorney. Good luck.

Answered 5 months ago.

Invasion of Privacy. : My ex-girlfriend posted a video of she and I having oral sex in my car in the year 2012. She placed the video and pictures on a porn site. She called the police in my town and told them that I posted it. The detective came to my house and told me to take it down. Then he left. The detective knows that I own a computer repair company so it wasn't a problem for me to go onto the site and search the links that he made me aware of. With my experience, I contacted Google as well as the main porn site to deactivate the account. But I had to pretend that I was the one who posted the pics and video. So they did take down the site. I have the proof. Three weeks later, the detective calls me and says that I have to come into the station because the prosecutor wants to press charges. So now my charge is Invasion of Privacy and with that charge, harassment was filed. I go to court tomorrow to answer the complaint. What should I do?

Asked 5 months ago in Criminal Defense

Scott’s answer: You will need to have a leangthy discussion with an attorney about all of your options. You will likely need an investigator to determine the up address of the computer that posted the video. Although that may be obtainable through discovery. Once you can prove it was posted from her computer you should be in good shape for a dismissal. Good luck!

Answered 5 months ago.