I'm a felon, I've served my time...can I have my rights back please?

reply to post by onequestion


Try hiring a good lawyer and get your record exponaged, might not be spelt correctly however in many cases it can be sealed and you can continue with your life, good luck.

reply to post by onequestion


And I'm a non-violent, non-theft, non-sex felon (read drug possession... okay lots, but c'mon) and I'm royally screwed a decade down the road, never mind my lack of gun rights, can I have a decent job pretty please? I'll even pee in a cup for you... in front of you if that's what gets you happy.

It doesn't make a whole lot of sense to continually punish people. Especially marginalized people who are iffy with society's rules anyway... why take away their legal means for survival, along with their voting, gun and other civil rights.

Kinda leads back to criminality, wouldn't you say?

I will admit that getting out of jury duty does sorta rock, but I'd do my civic duty if pressed and I was able to avoid it by telling the truth anyway.

reply to post by vkey08

I agree that a non violent felony should be treated in a different category, however, a violent crime (and there aren't that many) should result in the loss of the ability to carry a weapon. Voting is quite another matter, no-one should be stripped of that right as it's how the country stays somewhat in check (although even this system is screwed up)

There already is a defined legal process for felons who have served their time, to regain the right to vote. Granted, this system is horrible from what I've read (the GOP loves to do everything it can to keep this more liberal voting block from the polls), but it is there.

It doesn't make a whole lot of sense to continually punish people. Especially marginalized people who are iffy with society's rules anyway... why take away their legal means for survival, along with their voting, gun and other civil rights.

I agree, if anything, it's counter-productive, as it could force an otherwise unwilling person to go back to crime.

Yes you should be able to get your rights back. My husband a convicted felon from 25 yrs ago is trying to get his. He was 18 yrs old when he got in trouble. The trouble did not hurt anybody, but considered violent. He has never been in trouble again. He works nights and I cant even own a gun due to the fact that hes a felon. So not only did he lose his rights, I lost mine!

reply to post by michelle123


I had to reply to your post real quick while I'm at work. You bring up a good point. Just like the military the system doesn't only impact one person it impacts everyone around them to. More on this to come...

reply to post by bottleslingguy


They already have that in place with the strike rules.

I'm going to respond to everyone eventually even the detractors.

reply to post by Gazrok


Let me add to Gaz' comment -- I have found some more information on felons regaining some of their rights. This particular link mentions only voting rights, but if you look into the links for your states, you may find paths that will restore SOME of the other rights.

www.nonprofitvote.org...

I don't think anyone's going to allow offenders to buy guns legally. However, you CAN take karate, judo, ju-jitsu, kung fu (my favorite, actually), and other martial arts legally. I've been in classes with ex-felons, and the exercise seems to do them a lot of good. The teachers in general are often supportive and I know of at least one ex-felon who went on to have his own karate studio.

The ACLU also helps former prisoners regain some of their rights. You might contact them in your state: www.aclufl.org...

At the rate citizens are being convicted of "felonies" and the rate at which new offenses are being upgraded to "felony" status it won't be long before only a privileged minority hold any rights in America. Can't pay your Obamacare tax?- Felony. Spank your child?- Felony. Forgot to throw out your old bottle of pain medicine after it's expiration date?- Felony

And of course it's easy to sell to the general public. They are felons, of course. They aren't like the rest of us. They don't deserve what we have.

reply to post by Hefficide


I can't help but think that this situation, along with that of the OP, reflects a serious problem with the "justice" system.

We know that the punishments leveled against those convicted of crimes do nothing to rehabilitate them. We know that they will not, via the system they are now a part of, learn new psychological and emotional skills to deal with the faults that landed them there in the first place. They will not become "better" for the time they serve (at least, not intentionally, through the focused efforts of those in authority). And the debt they are to pay, once fulfilled, doesn't really mean anything: "Serving this amount of time means you've paid your dues. Ha! No... not really." People going into the system are expected to come out in the same state they went in - or worse. Hence, they are treated as if they are criminals for the rest of their lives. (Some may be, but it is the broadly-applied assumption that is the problem.)

Why would society go through the motions and then treat them in such a way unless we know we are failing them?

reply to post by Byrd


Yeah I've been competeeing in combative sports for over ten years now and continue to do so. This includes, judo, boxing, muy Thai, jiu jitsu, and forms of wrestling. At the time I was winnig all of my fights and my head was spinning and I was invincible. The solution became the problem if you understand what I mean.

The real issue I'm having is spending time with my family hunting and shooting.

To the OP...

I'm sure you're a nice enough guy.....

With that said.... No I do not think you should get your rights back. You committed a felony.. Everyone knows what's at stake when you do such a thing.

There is a good reason felons are not allowed to own firearms.

With that said.... If you want your rights back then, like every other felon, you'll have to petition for your rights back and hope the state shows mercy upon you. It's usually after 10 years...

They don't have to say yes..

Also, it's not only guns felons are not allowed to own... You cannot own a compound bow or crossbow either.. If you want to hunt.. you have to do it with a recurve or a long bow.

reply to post by chrome413


This is one of my biggest points and I'm glad others see it to. Everyone is going to be a criminal eventually.

I'm going to create a lengthy reply post about a process I'm initiating with the court system just to add constructively to my op.

It should be important to note that while you can be charged with a felony for a whole slew of activities, actually being found guilty of a felony is somewhat rare, especially when your well represented. 90% of crimes are resolved by plea bargains. Lawyer's are very conscientious of the fact that a felony will affect a defendant for his entire life. Many situations are pled to a petty disorderly, even when the prosecutor, under the law, can press far more serious charges. For instance some people brought up larceny charges, while someone COULD do jail time for stealing a CD from their job, it is far more likely that a plea would be reached in which no jail time was required. Prosecutors, Lawyers, and Judges generally favor pleas over trials and most cases are resolved through a plea. The system is broke, but it is the best system of justice on the planet.

Some states are much tougher than others and some prosecutors are tougher than others. I'm only familiar with NJ law, but a bar fight will usually be considered a petty disorderly, municipal ordinance infraction (i.e. not a big deal) The state will charge you with the highest degree of the crime they can legally obtain, your defense attorney will then do his job and plea you out. Degrees of crime are generally ephemeral in nature and not black and white, by design. Every case is different so system provides some flexibility in how offenses are treated.

I don't know your case, but I have a sense that you refused to plea bargain and went to trial. If you were merely engaged in a bar fight and could have argued any kind of self defense or lack of intent, you probably could have negotiated a plea deal. Going to trial was a stupid idea because you risked a jury verdict. If you fail to bargain, a prosecutor will go for the highest degree that he is statutorily permitted to go after, it is in fact his job to do so.

In NJ to raise to the level of a felony you would need to inflict severe bodily harm or use a weapon. The fact that you went to trial was a huge gamble, this should have been explained to you. You weighed being exonerated against the chance of getting a more sever punishment. You gambled and lost. I know people hate lawyers, but a good defense attorney should have really sat you down and explained this risk to you, though he is under no ethical obligation to do so. Even if you know you are innocent, it sometimes make sense to take a plea because juries are people and highly unpredictable.

reply to post by IndianaJoe


I have assault with a deadly weapon (fist) ad great bodily injury due to a break of his cheekbone.

Originally posted by IndianaJoe
It should be important to note that while you can be charged with a felony for a whole slew of activities, actually being found guilty of a felony is somewhat rare, especially when your well represented. .

edit on 18-2-2013 by IndianaJoe because: (no reason given)

You hit the nail on the head there. After college I worked for the county prosecutor here for three years. It is well known and even widely talked about, in that office, that those who pay for quality representation will get the breaks in the system. If you don't have money, then you're screwed. And that's the problem the OP is trying to get across. That we are all citizens and deserving of the same rights. Instead it's a game of Us vs Them.

Originally posted by onequestion
reply to post by IndianaJoe

 

I have assault with a deadly weapon (fist) ad great bodily injury due to a break of his cheekbone.

Did you try to negotiate a plea? Breaking someones cheek bone is severe bodily harm. Your fist would be considered a weapon if you had some kind of training to use it as such, or you hit a defenseless victim. If you got on top of a guy and kept hitting him that is, and should be charged as a felony A and B. The lines are ephemeral for a reason, one jury may come back and say breaking a nose or a cheekbone is not severe bodily injury, another will come back and find that it is. The prosecutor knows this so does your defense attorney and that is generally why they will want to reach a plea deal. If you go to trial you leave that finding of fact to a jury.

I will restate a previous post I made that seemed to have gotten buried real quick.

I am a 3 time convicted felon, all under 10 years ago.

I vote.
I own guns.
I have a great job.
All legally.

MOVE OUT OF THE SAME STATE, and any surrounding states.
You will be very surprised to find that the vast majority of legal actions are bound by states.

When they say you will end up paying for it the rest of your life....it means just that. So, you paid your debt, yes. But the warning about getting into trouble we hear as kids, means something real. No one thinks about that at the time of the crime.

And youve paid your debt you say? The world is FILLED...and always HAS BEEN filled with criminals who have done their time, moved on, and committed more crimes in the end. Repeat offenders is a big issue.

What you say about doing time, means nothing now really....probable only if you stay clean for 10-20 yrs. Then its probably safe to say you learned your lesson.

You have rightly lost your rights as you were told growing up: dont get in trouble, it will follow you forever. You cant change that now. And prisons are still filled with repeat-offenders that said "NO way! I am NEVER going back to jail. I've learned from my mistake!" Only..they didnt and returned to jail.

One unfortunately will always carry the stigma. No, you shouldnt get all your rights back. We all were told what can happen, you did it anyway as in "I was drunk so...", and that no excuse.

Commit the crime, you do the time, and you spend the rest of your life paying for it. I do wish you well friend. I do.

reply to post by chrome413


Fortunately the Us vs. Them "game" is the the cornerstone of the american judicial system, it's why it is the most fair system on the planet, let me explain. The system is adversarial by design. The idea being, that the best way to get to the truth is when two adverse lawyers do their damnedest to advocate for their clients. It rests on the assumption that both lawyers will be qualified, knowledgeable, and excel at their profession. In reality, most lawyers are very good, some (a minority) absolutely suck.

Many public defenders (free lawyers) are excellent defense attorney's because they have an incredible amount of trial experience, this comes into play when your bargaining. A prosecutor knows that a good trial attorney can manipulate a jury verdict, especially when he has a record of doing so in the past. Also, because prosecutors generally square off against public defender's with some regularity they generally have a good report between each other, this in itself leads to a greater likelihood of a plea deal. Some of the best lawyers on the planet are the ones you get for free.

When it comes to paid attorney's, again some are better than others. Some are stupid good, many are excellent, a minority are straight up crooks. How much an attorney charges, where they went to school, their age or how nice their office looks are not a good indicator of his skills. Honestly, word of mouth is the best way to find a good attorney. Watching an attorney in court conducting a trial will really show you what the guy/gal is made of. Ego is also important, the guy who is more concerned with his own career than your life is an a hole and should be avoided, you know these people when you see them. You have an absolute right to choose your attorney, so it's on you to decide who you want in your corner. Never, ever, ever, appear pro se (defend yourself) for any matter, I don't care how trivial, you will be at a huge disadvantage.

In conclusion poor people often get excellent representation but they really have no choice in who gets assigned to them. If you pull the dud, your up the creek and should do whatever you can to pay a private attorney whom you think is better. Lawyer's are incredibly important, everyone will need one someday. My advice, find a good one before something bad happens.