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  #1  
Old 09-16-2009, 08:57 PM
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Join Date: Sep 2009
Posts: 2

should I talk to a lawyer (do I have a case)


What is the name of your state (only U.S. law)? Alabama

Ten years ago I was the victim of rape and assault. The man pleaded out in an agreement with the DAs office. He pled guilty to all charges. The information I was given by the Da was the plea was the best because they were going to make him wear an electronic monitor for a year. He was a repeat offender they were sure he would re offend and have to serve his time.

While awaiting trial he had already assaulted another woman, caught her house on fire, kidnapped her and had a 7 hour stand off with police with a shot gun before letting her go.

So I was told that I did not need legal council of my own, and that I could put any provisions in the plea agreement that I wanted. I only put that he stay out of the town that I live in and stay away from any school activities having to do with our local school, even if they were out of town. I put that because my son is an athlete for the school and he had threatened to kill me and my son.

During the plea hearing there were things which alarmed me such as he objected to the staying out of this town part because his children live here with his father to which I said I wasn't budging, they could meet elsewhere for visitation. Then the judge said he wasn't going to make him wear the monitor for a year because that was too much of a financial burden. To that I said I didn't care he could wear the monitor or go to jail I didn't agree to the plea without it. I was taken out of the room we were in.

I was never given any of the finalized paperwork. I was never informed of my rights as to what I was supposed to receive. Some years later I learned that he did in fact re offend and his probation was revoked and he was in prison. I only learned this because his attorney contacted me trying to get me to sign some stupid document to help him get outta prison. Which I refused. No one else ever contacted me about him being arrested or sentenced or any of that.

A year later I got a letter from the Da saying there was an appeal hearing for him and it had a date for the hearing which was 3 weeks from the day I received it. I contacted the Da and found out that the date they sent was wrong and his court date was the next morning. The Da told me that there was no need for me to be there. I called the next day and was told he was released.

For the next 11 months I stalked the sex offender registry to find out what address he registered with so that I would know where to stay away from. It took 11 months before his info showed up and he had moved 5 miles from my home, the same place I lived during the attack. The address was also directly next door to my grandmother's home. I was never informed by anyone of any of this info, I found it all online.

Now to today, my son is a senior in highschool now and plays on the local football team. This man has been at his last two ballgames. I contacted law enforcement and was told that he was given permission to be on school property (he's a registered sex offender) because his daughter is in the band. I was told it doesn't matter if I am there or not. He is just supposed to stay 100 feet from me. At the field this is impossible as there is one way in and out, and the bleachers are only 60yards, 30 of which is occupied by student section and band sections. The only two games so far he sat at the opening of the bleachers, which means I have to pass right in front of him to go to the restroom and the concessions and to enter or leave the field. I am pregnant now, high risk because I am diabetic and have other cronic illnesses.

It makes me so physically and mentally ill every time I see him. From reading the victims rights of my state I know that my rights have been violated by the lack of information. But I feel there must be something I can do. Any advice is greatly appreiciated. Thank you so much.

Last edited by krysnsho; 09-16-2009 at 09:45 PM.
  #2  
Old 09-16-2009, 09:28 PM
Senior Member
 
Join Date: Jul 2009
Location: New York. Long Island.
Posts: 998
I really tried to read this, but its too scrunched together.

Can you please break it up into proper paragraphs? with white space in between them.

Periods and capitals would help too.

Thank you!
  #3  
Old 09-17-2009, 12:13 AM
Member
 
Join Date: Apr 2009
Posts: 497
These Alabama Victims’ Advocate and Counseling Services may help.

[url=http://www.aardvarc.org/victim/states/alvic.shtml]AARDVARC.org - Alabama Victim Assistance Resources[/url]

[url=http://www.ago.alabama.gov/victim_master.cfm?Action=Counselor]Alabama Attorney General - AGOVA - Victims Info-Snippets[/url]

Incidentally, there is absolutely nothing wrong with the way you formatted your post. Excellently structured and informative, in my opinion!
  #4  
Old 09-17-2009, 12:46 AM
Junior Member
 
Join Date: Sep 2009
Posts: 2

thanks latigo


I have spoken to the victims advocate officer at the DAs office. She apologized for the lack of information I was provided all those years ago. She was not in the office then. She has been trying to contact his parole officer and has sent him my file, but says that he has not responded to her.

I asked for copies of the court papers that I was never given and got kind of a run about answer. So before we hung up I asked where I could get a copy of court records. Her response was that I didn't need to, I shouldn't have to do that. She will pull them up and read them for me. Needless to say I'm going tomorrow to the court clerk to pick them up.

Well I'm anxious to check out the links you gave me so I'm going to do that now. Thank you so much for your help!
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