Wrongfully Convicted

I am in Illinois. My older Brother (36 now) was friends with a woman who married into a family with father and 3 children several years into the friendship. The live in babysitter was snooping through the 12 year old's belongings because she had a feeling that similar accusations were being written about Her boyfriend, and found her diary. In this diary she was writing about sexual fantasies with my brother. When this was discovered, before even questioning the stepdaughter, my brothers friend called county sheriff. Therefore, making states attourney automatically pick up the case. When eventually confronted she started making up "events" in which she was "attacked", but none of the details that were given by her were even possible given the living situations of my brother and his then wife. The diary entries, which we were given copies of eventually, sounded like something taken right out of penthouse letters, even down to the way phrases were worded and spelled. This said to me that they were fantasies taken out of other context. Even though my brother swore his innocence, which I am very aware even happens if the person is guilty, we were strongly advised by the high priced lawyer to take the plea bargain and it would all "go away". As the case had been dragged out for over 2 years and my brother is not physically or mentally in the higher class of society we all feared how he would be judged by his "peers" in that county and took the plea bargain.

Ever since this has happened his and our lives have been a living hell. We were told under strict confidence by the secretary of the states attourney that it sounded like we had been railroaded. Because of the high price paid for the initial attourney, we can no longer afford to re-open the case. Since this has happened, the girl who had accused him has been rumored to be going around town bragging about how she got someone in trouble for something he didn't even do. He is having a hard time passing the SO classes as he has to provide instances matching her descriptions and he is still insisting on his innocence. If we knew then what we know now about the entire case we would have gone all the way to trial. Now we dont know how to reopen the case with legal help that we can afford. The only pro bono lawyers in the entire county do not represent criminal cases.

Any help in this matter would be greatly appreciated. If this continues, I dont think my brother will make it to see his 40th birthday. He is so depressed about how people now treat him for something he didnt do.

Desperate in Illinois

http://www.illinoisbar.org/

Ask these folks about pro bono representation.

If he was convicted after trial, he should be eligible for a court-appointed lawyer to assist with his appeal.

If he excepted a plea bargain can he still appeal?

Quote:

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Quoting silverwolfe1975

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If he excepted a plea bargain can he still appeal?

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If he accepted a plea bargain, he cannot appeal.

He may be able to appeal his sentence.

It is difficult to reopen a case following a guilty plea. When the defendant "allocutes", or admits on the record facts sufficient to demonstrate guilt of the conviction charge, it becomes very difficult to later deny those admissions.

Thank you very much for your quick responses. I appreciate the extra information. I might still contact someone at the website given earlier just to get a definate answer but you both have given me a pretty good idea that he will now just have to live with the decision that he was pressured into making. It's not right, but I can see the situation from both sides. If it were someone rightfully convicted I would want to see them suffer. Thank you again.

Why do you think he was "pressured"?


If you will look at the court transcript of his guilty plea, you will find that the plea was (according to him) completely voluntary.

Because I was present at the meetings with the lawyer. We did not know what we were doing and he kept telling us to "just take the plea bargain and it will all be over." He told us if it were him he would just take the plea bargain, do the classes and be done with it. We were so uninformed at the time about sex offenders and their "place" in this world that we believed him at the time when he said it was going to be so simple. Hindsight is always 20/20. I was young, my mother has depression and couldn't function and no body else seemed to want to help. I was depending on this high priced lawyer to do what was in my brothers best interest. Now, 5 yrs later, with more experience and much more knowledge about sex offenses and their "place" in this world I would never have believed him. I feel that he was taken advantage of by the same person that was hired to help him.

Because I was present at the meetings with the lawyer.

Totally irrelevant; the judge asked bro if he understood what he (bro) was doing and bro said yes.


We did not know what we were doing and he kept telling us to "just take the plea bargain and it will all be over."

"We" were not in trouble; if bro did not understand something, then bro should've said something.


He told us if it were him he would just take the plea bargain, do the classes and be done with it. We were so uninformed at the time about sex offenders and their "place" in this world that we believed him at the time when he said it was going to be so simple.

Again, you give us that "we" stuff.



I feel that he was taken advantage of by the same person that was hired to help him.

You haven't given us any facts to show that your bro should not have been convicted.