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Bad legal advice and/or court appeal after Urteil?

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Anyone have information about how to complain about poor legal advice? I was told an agreement with the court to pay a 40 day (tagesatz) fine would not appear in a führungszeugnis by two lawyers with doktortitel. But it did appear - just for sending 2 erotic photos? Or how to appeal if already past deadline to file? I have heard terms mentioned by others such as wiederaufnahmeverfahren or gnadensversuch? I don't necessarily want to claim against the lawyers but elsewhere bad legal advice can be considered legal malpractice at least, not sure if a Rechstanwaltkammer for the region could help? Maybe someone can advise? : 

https://www.stangerlaw.com/professional-malpractice/legal-malpractice/bad-advice/#:~:text=Based%20Law%20Firm.-,Bad%20Lawyer%20Advice%20Is%20Legal%20Malpractice,pursue%20a%20legal%20malpractice%20claim.

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Are you sure it's bad legal advice and your crime has been added to the führungszeugnis by mistake? Or have you previously been convicted of other crimes?

 

According to https://www.frag-einen-anwalt.de/Eintrag-ins-Fuehrungszeugnis-bei-Geldstrafe-von-40-Tagessaetzen--f42879.html

 

" Gemäß § 32 Absatz 2 Nr. 5 a) BZRG (Bundeszentralregistergesetz) werden Geldstrafen bis zu 90 Tagessätzen nicht in das Führungszeugnis aufgenommen. "

 

As someone with 40 tagesatz also asked the same question. And the law says - https://dejure.org/gesetze/BZRG/32.html

 

 

 

 

 

(1) In das Führungszeugnis werden die in den §§ 4 bis 16 bezeichneten Eintragungen aufgenommen.

(2) Nicht aufgenommen werden

    5.     Verurteilungen, durch die auf
        a)     Geldstrafe von nicht mehr als neunzig Tagessätzen,
       b)    Freiheitsstrafe oder Strafarrest von nicht mehr als drei Monaten
        erkannt worden ist, wenn im Register keine weitere Strafe eingetragen ist

 

There are some other restrictions in the document when crimes, which have received less than 90 days punishment are included in the certificate of good conduct so you can check these and see if it applies to you and maybe this is why your crime is included in the certificate?

 

If not then maybe there is a way that you can have this judgement removed from your certificate of good conduct as the law states quite clearly that crimes of less than 90 days punishment shouldn't appear in the certificate with caveats. It doesn't look like a mistake from the lawyers you consulted unless they weren't aware of other issues/crimes you had been convicted of.

       
       
     
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Yes and No, 
it seems to be a tricky issue. Yes I did have a nother traffic violation with under 40 days 6 years ago, but the fine did not come until 2017, so its maybe a few months difference short of being 5 years apart? I did ask specifically both lawyers, and told them that thie other charge was there and they had said that everything after 3 years in the Führungszeugnis will be deleted/(getilgt). Although actually there was nothing in my recent copy of the Zeugnis from May of this year anyhow - so maybe nothing to delete? I will probably try to write the Zeugniss Stelle to object as a mistake and ask if it can be removed.

Here, also, it says nothing under 90 days, except for some cases for Paragraphs 180 or 182, but this was for 184 (erotic pictures)
https://www.buzer.de/s1.htm?g=BZRG&a=32

However, when I spoke to another third lawyer (different from the first two) he said that maybe it's because I ordered an extended erweitertes Zeugnis. In which case it would be added since although the deletion is after 3 years, not from another register which is 5 years instead. Another problem is that according to the Zuverlässigkeitsprüfung Luftfahrt, if for example I want to finish my pilots license (segelflugzeug) after a course I took some years back I cannot have had two smaller convictions within 5 years rather than 3 (https://lbm.rlp.de/de/grossprojekte-themen/luftverkehr/zuverlaessigkeitsueberpruefung/), 
But I actually asked the first lawyers if I would be ok for this otherwise I would have tried to take the last one to court (I didn't because investigation alone had already taken over 1,5 years and regarding the further costs for a court process I agreed it would be better to pay the fine but again only on the assumption nothing would be in the Zeugniss). In the current version it says I cannot be a teacher, not that I want to, but still this seems a bit ridiculous for such a case. I am also not sure why they couldn't offer the case 'Einstellung des Verfahrens gegen Geldauflage' so that I could have paid the same fee but not had the days rate? I am not worried about the money, just the black mark on the record.

A fourth lawyer has suggested I first try to write the bja to dispute potentially wrong entry or have it deleted. If not, I guess an only option is to write an EU high court to appeal on freedom of expression/speech grounds, in the US at least it is often upheld for example at the supreme court level, when in reaction to something, someone makes obscene gestures or posts something, since free speech is still protected and the charges or rulings are dismissed. In this case this was actually a reaction to several insults via phone calls which were not recorded, and the photos may have been sent as a reaction or even joke, but of course the other party then made screen shots of them :/. It also seems like a frivolous lawsuit, the other person could have simply been told just to block the number in chat apps/sms/phone calls to descalate the situation rather than pressing charges, which is exactly what I had done to their numbers to not receive any more threating calls and didn't press charges against them in return.

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58 minutes ago, Davidovno said:

In the current version it says I cannot be a teacher, , not that I want to, but still this seems a bit ridiculous for such a case.

Well.  Dick pics and kids.  You know, people are funny about that stuff.    Bigots, the lot of them.

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