I plead guilty to a dv charge in 2006 in CO mainly because I was informed by the courts that I would not be leaving the jail if I did not. The district attorney tried to dimiss the charges based on lack of evidence, bt the judge "Made an example of me" (he really did say that) and dinied the DA. I know he can do that, but I was not informed of my rights if I plead guilty and was led to believe that I would be able to go on living a normal life. I recently found taht I cannot get a job in my career field because of this charge. Is there any way that I can appeal this case based on the lack of information and an obvious bias from the judge? The victem in the case is my ex wife and she even thinks that there was something wrong with this whole thing and is willing to testify if it helps.
There are serious issues due to the age of the case and the fact that it was a guilty plea. There may be other avenues to explore in terms of expungement and pardons. However, an appeal seems well past its timeliness stage.
This is not an appeal. This might be an attack on a prior conviction based on two constitutional grounds: your plea was coerced and thus not voluntary (and thus unconstitutional) and there is newly discovered evidence which was not available before. Waiting six years to bring up either claim makes this work pretty hard, and it is not going to be inexpensive. I do not think that sealing your record (expungement) is possible. This case is an example of how the DV system can really tear a lot of people up in an effort to protect a few, deserving victims. Speak to a Colorado lawyer about this, and be ready to give specifics such as court, dates, even transcripts of your plea (yes, those tape recorders in the court actually do work sometimes!_) good luck.
Shaun Kaufman Law, PC is your litigation firm. We go to court to win. 720-435-4686. This answer is not personal, one on one legal advice, but it is intended to educate and to urge you to obtain counsel.
You absolutely have not right to appeal at this time. The time for an appeal also has passed. Additionally, since this was a plea in 2006, you have long passed the time period to withdraw his plea under Rule 32d or to set aside a plea under Rule 35b. As a former judge, it was totally improper for a judge to tell a DA that they could not dismiss charges because of lack of evidence. Only the DA has the right to charge and dismiss charges. The judge breached the separation of powers and WAY overstepped his rights and his position. So, you are incorrect in the fact that the judge can do that. A judge can refuse to accept a plea bargain. However, if a DA wants to dismiss the charges, a judge absolutely can NOT prevent the DA from dismissing charges. The judge screwed you over, plain and simple. You should seek out an attorney in Grand Junction or Montrose and at least file a grievance against the judge, if he is still on the bench. However, you might have waited way too long for any other recourse. Best of luck
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