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paisleylfc
May 17, 2012, 12:14 PM
If somebody has been convicted of burglery and cannot appeal is there anything we can do to clear his name?

smoothy
May 17, 2012, 12:54 PM
if somebody has been convicted of burglery and cannot appeal is there anything we can do to clear his name?

No... he was convicted... that means he was guilty... and that remains on his record unless he gets a full Pardon... so unless you are best buddies with the President... its not going to happen.

You can't clear the name of someone who actually committed a crime.

AK lawyer
May 17, 2012, 01:00 PM
... unless you are best buddies with the President....its not going to happen.

You can't clear the name of someone who actually committed a crime.

From the title of this thread, I suspect that the Pres. Isn't going to be able to help. Maybe take a pardon request to Buckingham Palace?
Idono.

By-the-way, can the POTUS pardon a state convict? I don't think so.

smoothy
May 17, 2012, 01:03 PM
From the title of this thread, I suspect that the Pres. isn't going to be able to help. Maybe take a pardon request to Buckingham Palace?
Idono.

By-the-way, can the POTUS pardon a state convict? I don't think so.

I missed the "Solicitor" thing... you are right... I don't think the POTS can do much about that. Except make requests through the diplomatic channels.

I think the POTS can pardon anyone federal state or local... but the gov of a state can pardon any convict of that state... as long as they remain in office. However its usually political suicide to do it.

AK lawyer
May 17, 2012, 01:15 PM
... I think the POTS can pardon anyone federal state or local ...

You think wrong, I'm afraid:

"... The pardon power of the President extends only to offenses cognizable under federal law. However, the governors of most of the 50 states have the power to grant pardons or reprieves for offenses under state criminal law.. . " Pardon - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Pardon#United_States)

Makes sense, in light of this:

"... under Article II, Section 2 of the United States Constitution which states that the President 'shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.'... "

But, back to the question at hand,


"... The power to grant pardons and reprieves in the United Kingdom is known as the royal prerogative of mercy. It was traditionally in the absolute power of the monarch to pardon and release an individual ...
There are significant procedural differences in the present use of the royal pardon, however. Today the monarch only grants pardons on the advice of a government minister ..."

Fr_Chuck
May 17, 2012, 03:04 PM
While slightly off, in the US, State governors pardon more people each year than most likely all the US Presidents together ever day. Most are politically done or from a lot of lobby.

ScottGem
May 17, 2012, 05:15 PM
Lets get back to the OP. I changed the title, but in the original title, the OP referred to a solicitor so we assume the UK. ANY question on law needs to include your general locale as laws vary by area.

I won't be so naïve as to assume that a conviction means guilt, but it's a very strong indication of it. Courts get it right more often than not.

But why can't he appeal? The only option here, beyond an appeal, is to find new evidence that proves innocence..

Fr_Chuck
May 17, 2012, 07:48 PM
There has to be an appeal, that is the only way to clear the conviction from the records

smoothy
May 17, 2012, 07:59 PM
There has to be an appeal, that is the only way to clear the conviction from the records

Unless they already made them and lost...