I'm trying to expunge record of felony. Or seek justice due to neglectful treatment of my mental health.
So when I was 18 I got drunk, and I believe drugged because I had klonopin in my blood that I do not remember taking(courts didn't believe me) and also not remembering the night. This is what the police told me. "I walked into a house of someone I know and was putting stuff into baskets I don't know why. But the cops came before I left the house and when confronts with owner I ran to the bathroom. I started crying, the owner asked to come out. I then sat on couch and started talking to him like nothing happened. When they came I remember coming out of blackout in jail while talking to psych counselor ." What should I of got charged with? The people didn't press charges and was my first offense as adult. And I have an prior cases of blackout due to dramatic childhood. Opinion?
Nathan’s Answer
A district attorney's office carefully reviews the police report and reads the police's recommended charges. Then the DA files whatever charges they feel are appropriate. It will be up to them to prove beyond a reasonable doubt that you are guilty of those charges. If that has already happened and you have a criminal record, it would be appropriate, if sufficient time has gone by, to assess whether you qualify for criminal record relief.
You should contact a qualified expungement attorney who can assist you with cleaning up your record, but more importantly, you should make the correct behavior changes which will support you getting this relief. Drinking alcohol with any anti-anxiety medication is bound to intensify the effects of the anti-anxiety medication and cause one to black out or to take actions they may not be in control of. Many DA's, courts and juries will blame the person who put themselves in this situation and it is important to take personal responsibility for one's self in terms of what is being put into one's body, even if it is just alcohol, especially if one is prone to blackouts for whatever reason.
Relief of a criminal record is more difficult for a felony than for a misdemeanor, and the felony may not be wiped entirely clear off the record. However, some relief is better than none, especially for purposes of employment and other privileges of society. If you cannot afford a private attorney, many public defender offices supply this type of relief if you qualify financially.