mollym.sequoia@
Junior Member
California
In 1996 "Bob", 17 years old, was found guilty (adjudicated- not jury) of raping his gf, also 17 years old. A few months ago he realized that the charge was wrong. The judge wrote that he was guilty of rape where the victim was "at least 10 years younger than him and under 14 years old". While no one caught the mistake, there is proof of the victims real age in the minutes. How would we go about changing the charge to reflect accurately. It's not an appeal since it's disputing a fact, not the base charge. I was told by the clerk that Bob would need the original lawyer to file something, but the lawyer said "she wouldn't even know where to begin." This needs to be changed to reflect accurately. Any advise (except get a lawyer) is welcome. From what I understand there is no protocol for fixing something like this, so any advise is welcome. And, no, the mistake didn't happen when they changed the criminal sex offender codes in 1999. The mistake was written in the minutes and signed by the judge.
In 1996 "Bob", 17 years old, was found guilty (adjudicated- not jury) of raping his gf, also 17 years old. A few months ago he realized that the charge was wrong. The judge wrote that he was guilty of rape where the victim was "at least 10 years younger than him and under 14 years old". While no one caught the mistake, there is proof of the victims real age in the minutes. How would we go about changing the charge to reflect accurately. It's not an appeal since it's disputing a fact, not the base charge. I was told by the clerk that Bob would need the original lawyer to file something, but the lawyer said "she wouldn't even know where to begin." This needs to be changed to reflect accurately. Any advise (except get a lawyer) is welcome. From what I understand there is no protocol for fixing something like this, so any advise is welcome. And, no, the mistake didn't happen when they changed the criminal sex offender codes in 1999. The mistake was written in the minutes and signed by the judge.