Trapped as a sex offender

[Jmills86]

On August 17, 2019, I was falsely accused of a sex crime and sent to Brevard County Jail for five months. Lacking adequate representation, I was given the choice between 30 years in prison or a plea deal for 5 years on sex offender probation. Upon being released, I have been forced to attend sex offender group therapy, where I was made to take a denial polygraph. The polygraph showed that I was, in fact, falsely accused. The polygrapher recorded the whole thing, as did I, secretly. The so called therapist then called for a unprecedented second polygraph, where I had discussed with them an incident where I had seen an indecent imagine in the past. They are now using this as an excuse to keep me in this expensive group therapy, where I am routinely the subject of more conjecture and false accusations. They threaten to have my probation violated for not playing along and pretending to be some deviant. And as long as I am part of this group, I will not be granted early termination from probation, which forces me to live in my car on the outskirts of society and prevents me from finding gainful employment, which is also a requirement of probation. The therapist has claimed to be infallible and asserts that we are helpless and must do as they say. I have spoken to dozens of people about these circumstances and have been instructed to seek out a civil rights attorney for help. Before I was arrested, I had never had any trouble with the law before, and this whole experience has been an unending nightmare. I don't know what to do aside from returning to my spot on the side of the road every night for my curfew and reporting to this bizarre sex cult for "therapy" every week. I have a job, but they tell me I'm not getting enough hours to satisfy them and there aren't really any other options. I'm not sure if I can keep this up for four more years. All of this for a crime I didn't commit. I need help but I don't know who to talk to. I've spoken to post conviction attorneys and they've told me there's nothing they can do short of reopening my case for a large sum of money which I don't have.

Since day one I've been dealing with these things, not knowing anything about the law. My probation officer communicates as little as possible with me. I just feel alone and helpless. I know that this is wrong. Surely this can't be what the law intended? Could a civil rights attorney really help?

 

[Just Blue]

On August 17, 2019, I was falsely accused of a sex crime and sent to Brevard County Jail for five months. Lacking adequate representation, I was given the choice between 30 years in prison or a plea deal for 5 years on sex offender probation. Upon being released, I have been forced to attend sex offender group therapy, where I was made to take a denial polygraph. The polygraph showed that I was, in fact, falsely accused. The polygrapher recorded the whole thing, as did I, secretly. The so called therapist then called for a unprecedented second polygraph, where I had discussed with them an incident where I had seen an indecent imagine in the past. They are now using this as an excuse to keep me in this expensive group therapy, where I am routinely the subject of more conjecture and false accusations. They threaten to have my probation violated for not playing along and pretending to be some deviant. And as long as I am part of this group, I will not be granted early termination from probation, which forces me to live in my car on the outskirts of society and prevents me from finding gainful employment, which is also a requirement of probation. The therapist has claimed to be infallible and asserts that we are helpless and must do as they say. I have spoken to dozens of people about these circumstances and have been instructed to seek out a civil rights attorney for help. Before I was arrested, I had never had any trouble with the law before, and this whole experience has been an unending nightmare. I don't know what to do aside from returning to my spot on the side of the road every night for my curfew and reporting to this bizarre sex cult for "therapy" every week. I have a job, but they tell me I'm not getting enough hours to satisfy them and there aren't really any other options. I'm not sure if I can keep this up for four more years. All of this for a crime I didn't commit. I need help but I don't know who to talk to. I've spoken to post conviction attorneys and they've told me there's nothing they can do short of reopening my case for a large sum of money which I don't have.

Since day one I've been dealing with these things, not knowing anything about the law. My probation officer communicates as little as possible with me. I just feel alone and helpless. I know that this is wrong. Surely this can't be what the law intended? Could a civil rights attorney really help?

What state? What were you charged with and what did you end up pleading to?

 

[Jmills86]

What state? What were you charged with and what did you end up pleading to?

Florida. Lewd and lascivious exhibition. I was told by my public defender I could plea no contest, but at the last minute, in front of the judge, the prosecutor said I had to plea guilty or there would be no deal. It felt like a bait and switch.

My public defender said there was no evidence for or against my case, but that a jury would not find in my favor due to the nature of the accusation alone. There was another charge of lewd and lascivious molestation, but that was dropped. I'm guessing the alleged victim must have confessed to lying about that in particular at some point.

Months before my plea deal, I asked my public defender to subpoena the alleged victims social media accounts, which she apparently deleted the night I was arrested. I told him to do this because I knew there would be a mountain of evidence to support me therein. He agreed and said it would be done. At the last minute, he said his computer guy told him it would be a chore so it didn't happen. I had to accept the plea deal right then.

 

[Just Blue]

Florida. Lewd and lascivious exhibition. I was told by my public defender I could plea no contest, but at the last minute, in front of the judge, the prosecutor said I had to plea guilty or there would be no deal. It felt like a bait and switch.

My public defender said there was no evidence for or against my case, but that a jury would not find in my favor due to the nature of the accusation alone. There was another charge of lewd and lascivious molestation, but that was dropped. I'm guessing the alleged victim must have confessed to lying about that in particular at some point.

Months before my plea deal, I asked my public defender to subpoena the alleged victims social media accounts, which she apparently deleted the night I was arrested. I told him to do this because I knew there would be a mountain of evidence to support me therein. He agreed and said it would be done. At the last minute, he said his computer guy told him it would be a chore so it didn't happen. I had to accept the plea deal right then.

When you plead guilty did you allocute in court?

 

[Jmills86]

When you plead guilty did you allocute in court?

No. Before now I'd never heard that term before and had to look it up.

I had what they called a calender call where they moved me from jail in chains and was brought before the judge after my public defender made up the deal for me, and after that day I was released into a homeless camp in the woods they call "tent city" where they put all their sex offenders. Since then I've had to move and change my ID about four times. In Florida, they have arranged their parks and schools and bus stops in such a way as to prevent us from moving in anywhere.

 

[TigerD]

I call bullsh!t.
I've represented dozens of sex offenders and to a line - they all spin this kind of crap. You took a plea and 18 months later you realize that life as a sex offender is not easy.

TD

 

[Jmills86]

I call bullsh!t.
I've represented dozens of sex offenders and to a line - they all spin this kind of crap. You took a plea and 18 months later you realize that life as a sex offender is not easy.

TD

I'm sure you have, and I'm sure they do. That's part of my problem. Everyone just jumps to these sort of conclusions because of their experiences with other people. But in reality, this could have happened to you, and no one would know or care what the truth was because of this line of reasoning you are using now.

A small minority of men are dragging us all down with them in this system of laws that are born out of complacency and spite. And here you are now perpetuating this problem and pretending it's all just fine.

 

[quincy]

Florida. Lewd and lascivious exhibition. I was told by my public defender I could plea no contest, but at the last minute, in front of the judge, the prosecutor said I had to plea guilty or there would be no deal. It felt like a bait and switch.

My public defender said there was no evidence for or against my case, but that a jury would not find in my favor due to the nature of the accusation alone. There was another charge of lewd and lascivious molestation, but that was dropped. I'm guessing the alleged victim must have confessed to lying about that in particular at some point.

Months before my plea deal, I asked my public defender to subpoena the alleged victims social media accounts, which she apparently deleted the night I was arrested. I told him to do this because I knew there would be a mountain of evidence to support me therein. He agreed and said it would be done. At the last minute, he said his computer guy told him it would be a chore so it didn't happen. I had to accept the plea deal right then.

First, a “no contest” plea is treated in sentencing as a guilty plea. It is most commonly used by a defendant when there is the likelihood of a civil action arising from the criminal action. It essentially means that you are neither admitting nor are you denying your guilt.

You can look for lawyers offering low or no cost legal assistance through the following Florida Bar site: https://www.floridabar.org/public/probono/

 

[Eekamouse]

Florida. Lewd and lascivious exhibition. I was told by my public defender I could plea no contest, but at the last minute, in front of the judge, the prosecutor said I had to plea guilty or there would be no deal. It felt like a bait and switch.

My public defender said there was no evidence for or against my case, but that a jury would not find in my favor due to the nature of the accusation alone. There was another charge of lewd and lascivious molestation, but that was dropped. I'm guessing the alleged victim must have confessed to lying about that in particular at some point.

Months before my plea deal, I asked my public defender to subpoena the alleged victims social media accounts, which she apparently deleted the night I was arrested. I told him to do this because I knew there would be a mountain of evidence to support me therein. He agreed and said it would be done. At the last minute, he said his computer guy told him it would be a chore so it didn't happen. I had to accept the plea deal right then.

Why would you please guilty to a crime you didn't commit. You obviously knew the victim. Why would she make up lies about you?

 

[Zigner]

The polygraph showed that I was, in fact, falsely accused.

No, it did not...really.

 

[Jmills86]

Why would you please guilty to a crime you didn't commit. You obviously knew the victim. Why would she make up lies about you?

I wasn't planning to plea guilty. I never got a trial. I just did what my public defender recommended so I could get the plea deal he arranged. He said that going to trial would mean we would lose. It was something I fought with myself over for a long time. For a while, I was determined to go to trial and fight it, but I was afraid. These were all things I knew nothing about. Going to prison for 30 years or anything close to that would be worse than death.

Today, the post conviction attorney I spoke to said they could reopen my case and do everything my public defender wouldn't to help me. They said they could even try to "work in" my polygraph results even though they're supposed to be inadmissible in court. I don't really know what to think about that. My old probation officer said they'd just take my money and not really help. But I don't know who to believe. To reopen my case would be to bring me back to the edge of oblivion where I would be risking the worst all over again, and at this point I have little faith in this justice system.

I did know the alleged victim. I have not been allowed to talk to her about it since it all happened, so all I can do is speculate at this point.

 

[quincy]

It is not really all that uncommon for defendants to plead guilty to crimes they did not commit. The reality is that defendants face harsher sentences if they risk taking their cases to trial and there is never a guarantee that even an innocent person will be found not guilty.

Here are two links, the first to an Above the Law article on innocent people who plead guilty to crimes, and the second to the National Association of Criminal Defense Attorneys with a link to their 2018 84-page report on “trial penalties” which can lead an innocent person to agree to a plea deal.

https://abovethelaw.com/2018/07/innocent-people-who-plead-guilty/

https://www.nacdl.org/Document/TrialPenaltySixthAmendmentRighttoTrialNearExtinct

Because you have an attorney to assist you post-conviction, you should rely on his advice and direction.

 

[FlyingRon]

The thing where the judge accepted your plea WAS the trial. I can almost bet that there were questions asked where you admitted this a voluntary and knowledgeable decision. Absent being able to show some undo coercion or some other serious defect you're not getting this reversed. There was no way you were going to prison for 30 years on the charge as you described. Even the full up penalty wouldn't be more than 15 years.

 

[Jmills86]

The thing where the judge accepted your plea WAS the trial. I can almost bet that there were questions asked where you admitted this a voluntary and knowledgeable decision. Absent being able to show some undo coercion or some other serious defect you're not getting this reversed. There was no way you were going to prison for 30 years on the charge as you described. Even the full up penalty wouldn't be more than 15 years.

There were two charges, but one was dropped. They said it would be added back on if the deal was not accepted and/or if I violate probation. I think it was part of the deal my public defender made. Together they are 30 years.

When I say trial, I mean with a jury. I was told that they do everything they can to avoid a real trial because of how expensive it is.

 

[not2cleverRed]

There were two charges, but one was dropped. They said it would be added back on if the deal was not accepted and/or if I violate probation. I think it was part of the deal my public defender made. Together they are 30 years.

When I say trial, I mean with a jury. I was told that they do everything they can to avoid a real trial because of how expensive it is.

When you take a plea deal, you WAIVE YOUR RIGHT to trial on those charges.
When you agree to the plea deal, you are agreeing to NOT CONTEST the charges, and to live with some of the consequences, a lighter version of what you might have been given had it gone to trial and you were found guilty.