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  1. #1
    NanBrown is offline Junior Member
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    Angry Child Molester - but - not realy

    Scenario:
    Babysitter has argument with mother of 2 children because the mother would not bring food..petty but gets worse

    The mother gets mad and accuses babysitter's son (19 yrs) of molesting her little boy.

    The son was out of state when alleged incident happened. He was appointed an attorney who told him to plead guilty - he would get off light so this boy with a 9th grade education did so & got 7 years plus a lifetime title.

    KICKER: He was with his boss - out of state - and the boss did not want to get involved...and was not supoenaed to give testimony!!

    This young man has served time but needs to get this record cleared..does not have finances or know how to get this cleared.

    His present job takes him everywhere. With the hyp about child molesters - he could be a victim again.
    Is there any recourse???
  2. #2
    john123456 is offline Member
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    Quote Originally Posted by NanBrown
    Scenario:
    Babysitter has argument with mother of 2 children because the mother would not bring food..petty but gets worse

    The mother gets mad and accuses babysitter's son (19 yrs) of molesting her little boy.

    The son was out of state when alleged incident happened. He was appointed an attorney who told him to plead guilty - he would get off light so this boy with a 9th grade education did so & got 7 years plus a lifetime title.

    KICKER: He was with his boss - out of state - and the boss did not want to get involved...and was not supoenaed to give testimony!!

    This young man has served time but needs to get this record cleared..does not have finances or know how to get this cleared.

    His present job takes him everywhere. With the hyp about child molesters - he could be a victim again.
    Is there any recourse???
    It is difficult to believe an innocent person would plead guilty to molesting a child (9th graders included).
  3. #3
    garrula lingua is offline Senior Member
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    Your story lacks credibility. You convinced me that he's a molester.
  4. #4
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by NanBrown
    Scenario:
    Babysitter has argument with mother of 2 children because the mother would not bring food..petty but gets worse

    The mother gets mad and accuses babysitter's son (19 yrs) of molesting her little boy.

    The son was out of state when alleged incident happened. He was appointed an attorney who told him to plead guilty - he would get off light so this boy with a 9th grade education did so & got 7 years plus a lifetime title.

    KICKER: He was with his boss - out of state - and the boss did not want to get involved...and was not supoenaed to give testimony!!

    This young man has served time but needs to get this record cleared..does not have finances or know how to get this cleared.

    His present job takes him everywhere. With the hyp about child molesters - he could be a victim again.
    Is there any recourse???

    My response:

    In every single thread you've started, you have always deleted the State name question. Why is that?

    IAAL
  5. #5
    NanBrown is offline Junior Member
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    Angry REPLYING TO (Inocent) OF MOLESTING CASE

    MY STATE IS MISSISSIPPI - DID NOT KNOW HAD TO INCLUDE

    CASE IN POINT...the boy was out of state when the alleged incident happened.
    =============================================
    Please assume these facts are true and tell me how to get his name cleared.

    Scenario in short: Two women with low social skills have disagreement; one charges other's 19 yr old son(9th gr. edu) w/molesting her son.

    19 yr old OUT OF STATE when alleged incident happened with his boss...who did not want to get involved and was not supoenaed. Soundlike sloppy defender work to me

    Public defender scared son with plead guilty and get a lighter sentence. Seven years later, son out of pen but with lifetime title he does not deserve.
  6. #6
    noobie is offline Junior Member
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    Quote Originally Posted by NanBrown
    MY STATE IS MISSISSIPPI - DID NOT KNOW HAD TO INCLUDE

    CASE IN POINT...the boy was out of state when the alleged incident happened.
    =============================================
    Please assume these facts are true and tell me how to get his name cleared.

    Scenario in short: Two women with low social skills have disagreement; one charges other's 19 yr old son(9th gr. edu) w/molesting her son.

    19 yr old OUT OF STATE when alleged incident happened with his boss...who did not want to get involved and was not supoenaed. Soundlike sloppy defender work to me

    Public defender scared son with plead guilty and get a lighter sentence. Seven years later, son out of pen but with lifetime title he does not deserve.

    Only one way I know of, Get another lawyer to reopen case, get statement from the witness that can prove his where-abouts at the time. the real question is why didnt your original subpeona the witness. Only other way is to contact lawyer and start proceeding to expunge his record, but this is VERY hard to get done..

    But if get case reopened and proven he wasnt there, case will be dismissed, however he would have lost all that time in Jail. Why wait until now to do something???
  7. #7
    NanBrown is offline Junior Member
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    Angry Cild Molesrr - but - not really

    To: Noobie

    Re: Innocent man serves 7 yrs- charged child moester
    I found out about it the year he got out of Parchman (Ms Prison) but he was doing fine until all this publicity and excitement about child molesters got started. Just from comments here - it does sound like mission impoosible.
  8. #8
    Hattie is offline Junior Member
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    Have you talked to his boss? How do you know he's not lying to you? Would not believing him cost you anything? Do you have kids?
  9. #9
    sharitz is offline Junior Member
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    This doesnt make sense.

    Why would he plead guilty? If he was trying a plea bargain, he would have plead No Contest. I have NEVER heard of anyone admitting child molestation that didnt do it. Someone is telling you a lie. My guess is that he isnt being honest, but then again he's a convicted Molestor. If it was my choice, he would have been executed. Theres no way to erase a charge of sexual molestation and I wouldnt want them too.
  10. #10
    whitemary is offline Junior Member
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    crap

    texas, first off there are hundreds of people in prision all over this contry who are innocent and have been found innocent later..... the legal system doesn't care whether someone is innocent or guilty only if they can close a case. As for one person getting upset with another a making false alligation i think everyone has been a victim at one time or another of someones anger, so do say they this couldn't happen is bull-poop
    as for someone taking plea bargain for something they havn't done at least 20 % of prison are full of those. the only reason for everyone's opposing opinion is that it has to do with the hottest topic "Child Molestating" if it weren't for how screwed up the legal system is those truly guilty wouldn't be allowed out for some time, but giving da the power to plea is letting some of those really nasty offenders off with a slap instead of the max they plea bargain down to only having to do 3 yrs instead of 20 change the legal system that would help "GOOD LUCK" as for reversing a plea when you take a plea bargain you give up your right to appea basically have no recourse to fight it later
    IF HE TRULY IS INNOCENT I FEEL SORRY FOR HIM BEING A VICTIM OF THIS BS LEGAL SYSTEM IF HE ISNT' THEN HE KNOWS THAT HE HAS A HIGHER POWER TO ANSWER TO LATER
    don't know if this will help go to law library and do as much research in fighting the plea bargain most people are not gonna be willing to help due to the nature of the offense however if he is innocent petition your legislator to change whom can take a plea bargain and who cannot
    child molesters shouldn't be allowed to take a plea, nor should murder's etc. the victims couldn't take a plea nor should the accused,
  11. #11
    chod is offline Junior Member
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    I beleive the innocent people DO sign plea agreements

    Unfortunatley,

    There are several reasons why a person may take a plea and still be innocent. When you are an ant against a mountain, you may be forced to do what is "best" for you and your family.

    Most people are instructed (I call it threatened) by the judge, that if they proceed with a trial, then he/she will make sure that they are prosecuted to the fullest extent of the law. When your facing 20 years in prison, or 5 years of probation?? It's very tempting to take the plea - courts dont' care about guilt or innocence - they care about what they can prove, about what is tangible, and unfortunatley in the state of TEXAS all that is needed is the ACCUSATION of a child- no evidence, no DNA, character doesn't matter.

    It's easy to say "if I was in that situation there is NO WAY I would plea"- that is much easier said then done. Look at the statistics. Sexual Assault is by FAR the EASIEST kind of case for a prosecutor to WIN.

    Could you prove that you weren't playing with the kids rear ends in the pool? That you were innocently throwing them. Or think about where the first place your hands go when you hoist a young child up on your hip(arm and hands straight across the bottom. If that child was asked if "so and so" ever touched their bottom, would you feel safe with the answer? It has happened!! If I were to ask a question the right way - I could have you second guessing your every move when your around children.. Scary isn't it.
  12. #12
    CdwJava is offline Senior Member
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    Quote Originally Posted by chod
    Sexual Assault is by FAR the EASIEST kind of case for a prosecutor to WIN.
    Say, WHAT?!?! I'm sorry ... I thought I just read that sexual assault cases are by far the "easiest" to win!

    You really need to talk to a few cops and prosecutors about that one. The truth is quite the opposite, in fact. They are so tough that they are RARELY ever even brought to court unless the case is strong. So, those that get past the preliminary hearing phase tend to be "strong" but unless there is DNA or good eyewitnesses, they are still a very bad bet for the prosecution. A plea deal is often the only leverage they have.


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  13. #13
    Kane is offline Member
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    Defense attorneys hate them. Jurors hate to let a possible child molestor or rapist go, and many would rather risk locking up the innocent. (Better safe than sorry.)

    Also, they know why a defendant would lie (he doesn't want to go to jail), but they assume the victim is telling the truth. (Why would someone lie about it?)

    I don't know about the screening proscess, but trials where the evidence is no more or less than the accuser's testimony are common, and people get convicted on that basis all the time.
  14. #14
    CdwJava is offline Senior Member
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    Quote Originally Posted by Kane
    Defense attorneys hate them. Jurors hate to let a possible child molestor or rapist go, and many would rather risk locking up the innocent. (Better safe than sorry.)

    Also, they know why a defendant would lie (he doesn't want to go to jail), but they assume the victim is telling the truth. (Why would someone lie about it?)

    I don't know about the screening proscess, but trials where the evidence is no more or less than the accuser's testimony are common, and people get convicted on that basis all the time.
    Must be different in your state than mine ... we can rarely get these cases IN to court. We can often get them to the preliminary hearing, and then we can try to compel a deal, but they very rarely ever go to trial. The burden of proof is simply not usually there - too much doubt.

    While a jury may not want to let a child molester go, unless the victim is already Charles Mansion they similarly do not want to convict an innocent man, either. Unfortunately for the accused, the accusation is enough to lose your livelihood. A local daycare provider here (one of the few good ones) went under because of a false allegation from a 5-year-old. The police investigation affirmed the alibi of the suspect (the provider's husband) and the 'victim' later recanted her story to mom and the therapist - and then to the court. However, the business was ruined, they were in debt, and the state revoked their daycare license anyway citing that the affirmation of the original allegation by a psychologist was sufficient to close them down.

    It's a brutal path to go down. And at least out here we see the allegation frequently in cases of child custody disputes. Maybe 1 in 4 have SOME demonstrable validity to them, and maybe 25% of those can get in to court.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  15. #15
    seniorjudge is offline Senior Member
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    Quote Originally Posted by chod
    ...Sexual Assault is by FAR the EASIEST kind of case for a prosecutor to WIN....

    You really should indicate in your posts that you have absolutely no knowledge of the criminal law.
    There are two rules for success:

    (1) Never tell everything you know.

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