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-   -   Convicted of buglary (https://www.askmehelpdesk.com/showthread.php?t=661146)

  • May 17, 2012, 12:14 PM
    paisleylfc
    Convicted of buglary
    If somebody has been convicted of burglery and cannot appeal is there anything we can do to clear his name?
  • May 17, 2012, 12:54 PM
    smoothy
    Quote:

    Originally Posted by paisleylfc View Post
    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.
  • May 17, 2012, 01:00 PM
    AK lawyer
    Quote:

    Originally Posted by smoothy View Post
    ... 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.
  • May 17, 2012, 01:03 PM
    smoothy
    Quote:

    Originally Posted by AK lawyer View Post
    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.
  • May 17, 2012, 01:15 PM
    AK lawyer
    Quote:

    Originally Posted by smoothy View Post
    ... 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

    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 ..."
  • May 17, 2012, 03:04 PM
    Fr_Chuck
    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.
  • May 17, 2012, 05:15 PM
    ScottGem
    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..
  • May 17, 2012, 07:48 PM
    Fr_Chuck
    There has to be an appeal, that is the only way to clear the conviction from the records
  • May 17, 2012, 07:59 PM
    smoothy
    Quote:

    Originally Posted by Fr_Chuck View Post
    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...

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