Facts:
1. I was offered a CWOF instead of a trial in order to "help me" because I had no money to go through a trial. I was led to believe it did not in anyway mean I was guilty.
2. My conditions of my CWOF were 6 months probation with a $50 fee per month (I did not have an officer to report to), stay away from the "victim", and to stay out of trouble and it would "go away". I also waived my right to appeal. Is there anyway to reopen my case?
3. I have no idea what I was actually charged with, or how it is officially stated on my record. Can you do CORI checks online?
4. I wish to become a police officer. I recently found out that my CWOF could permanently ban me from using firearms, or having to wait 5 years after my probation ended.
5. Making my last probation payment, they could not find my file. When they did, they said there was nothing about me having to pay anything. They took my money and gave me a receipt anyways and told me I was free to go do whatever now. Could I use this in anyway?
Basically a family argument got a little out of hand, we both said and did stuff we really wish we hadn't and the police got involved. Now we're better than we've ever been, I wanted to move on with my life and now I'm finding roadblocks I need answers to.
Is there anyway to appeal, lower the severity of the charges, or now thats its been done for awhile will they not do anything for me? I understand I should probably seek legal council, but I'd like to receive some opinions in case I'm going to be laughed out of someone's office...
Thank you kindly.
re-opening your case after CWOF in MA
Pursuant to Massachusetts Rules of Criminal Procedure 30(b), you may be able to vacate your admission to sufficient facts by filing a motion for a new trial. I recommend that you contact a criminal defense lawyer. You cannot do CORI checks on-line. However, you can request a copy of your criminal record by contacting the CHSB. Here are the instructions: http://www.suspendedlicensehelp.com/mass-attorney-obtain-criminal-record...
I can motion for a new trial
I can motion for a new trial even though this was a year ago and my 6 month probation period has been over for a long time?
Would it be the motion to the court and affidavit sheet?
Motion for a New Trial
“Rule 30(b) of the Massachusetts Rules of Criminal Procedure, 378 Mass. 900 (1979), allows a judge to grant a new trial ‘at any time if it appears that justice may not have been done.’” Commonwealth v. Sullivan, 385 Mass. 497, 503 (1982), quoting Mass.R.Crim.P. 30(b).