1982 Conviction vacated today

[nstassel]

Today a district court vacated a 1982 conviction which was caused my client's FID to get suspended. He made a crappy inspection sticker for his car with a sharpie and piece of cardboard due to a cracked windshield and was given the felony charge of false MV document. Because that was a felony his lawyer worked out a "deal" to get a $100 fine for receiving stolen goods, a misdemeanor with 2 1/2 years potential sentence. Of course that was bad advice. On top of that the docket sheet was all messed up and still said the original charge although the CORI said a hybrid of the amended charge "receiving stolen good mv docs". So the judge vacated the whole thing and then the case was dismissed outright.

We've been working on this since March 2020. I looked at all the old dockets from 1982 and the piles of old citations sent to the court from back then to try to find somewhere that the new charges where written. The Commissioner of Probation also could not find out why messed up on the CORI.

 

[DispositionMatrix]

He made a crappy inspection sticker for his car with a sharpie and piece of cardboard due to a cracked windshield...

Seems as if a good try gold star would have been more appropriate. I wonder how many lives were saved by the initial arrest.

 

[MisterHappy]

I worked with someone that got hit with a felony charge for more or less the same thing, but it was Forgery of a State Document.

Well done.

 

[Nick Leduc]

Congratulations on the win. I cannot even wrap my head around the fact that a fake inspection sticker can be linked to a Constitutional Right.

 

[ProGun]

Congratulations on the win. I cannot even wrap my head around the fact that a fake inspection sticker can be linked to a Constitutional Right.

And motor vehicle inspection is a stupid requirement that still doesn't exist is many (most?) states even now in 2021.

 

[sharona]

Nicely done!!

 

[teamRR]

Congratulations on the win. I cannot even wrap my head around the fact that a fake inspection sticker can be linked to a Constitutional Right.

If you look at how laws are structured and punishments handed down - by far the worst is when it comes to crimes that offend the state itself, ie contraband, various acts of insubordination, etc etc.

A rapist for instance, with a truly harmed & innocent victim, typically might do less time than a drug trafficker. The difference is a drug trafficker is seen as an enemy of the state, even though it's a whole lot more grey who the victims of actual drug trafficker actually are (ie a pile of cocaine doesn’t jump up and rob/murder on its own, requires a willing and morally wrong addict to accomplish that).

 

[TLB]

Now I know why I felt safer that time back in '82 .. Good job OP.