ExpertLaw.com Forums

Reopening a Sex Offender Conviction

Printable View

  • 10-18-2009, 12:15 AM
    alittledumb
    Reopening a Sex Offender Conviction
    My question involves criminal law for the state of: Florida

    I pled 12 years ago to the charge of capital sexual battery, and was deemed a sexual predator.
    I had NO idea what I was doing.
    To make a very long story short, I did not do anything, I was then engaged to my now wife. She had 4 kids, one was (at the time) 26, 12, 7, and 4 yrs old. Her family, sister brother in laws, and such (no mother and father both dead) disliked of me in 2 major areas, first i was not Italian, I was Spanish, 2nd I did not "bend" to there whims (like my wife’s ex-husband did) because they have lots of money.
    Well, her oldest really did not like me, she was like your not good enough for my mother blah blah blah thing, and I said, your engaged to your uncle, you have a 2 kids, and don't even live at home so, mind your own f--- business and leave us lone.
    The other 3 kids thought the sun rose and set by me, There father was not around a lot, and i8 never having kids of my own, did all I could for them, sat and played games, colored, homework, cooked, baked, ect... you get the idea.
    Well her oldest after a about 2 years started to seam like she was coming around, talking to me, and asking me to do her favors such as come and fix a light, hang a fan, plumbing, and such, I knew it might just be using me, but I was willing to do what it took to unite them all again.
    One summer she asked if I was doing anything since I have major surgery and was i9nn a cast to my whole left arm, I replied no, to wit she said if I would mind watching my step_grandaughter while she went to the keys for a while, I said no problem. You see all 3 of my step kids(my wife’s other kids) are girls, so what’s one more, and she was the same age as my youngest one.
    I had a pool put up in the back yard for them, (above ground) and I would go and watch them go in the pool, play video games, cards coloring and such. But I did notice my step granddaughter was acting kind of weird, she wasn't talking much, and when i scold her once she replied with " Mommy said you can't tell me what to do, your not m real grand-dad"

    i didn't think much and forgot about it, she came and picked her up, 3 days later she told my wife she was filing charges against me for sexual misconduct of her daughter ( my wife grand daughter). My wife went ballistic, my kids went wild also.
    Well, all in all, my kids were taken out of the house and let stay with there biological dad while this was going on. I found out that she called her sisters and promised them money clothes, dolls, radios, and such to say I tried to do things to them also, she told my wife if you leave him, i will drop the charges, they even went as far as trying to bribe the kids real father, and when that did not work, they fired him and took away a company car, and told him he had to move from there apt building, if he did not do what he said, he did not, and moved.
    All this was testified to in court by my wife, kids, and the real kids father. Adn the icing on the cake was when the judge interviewed the grand daughter, she admitted that the mother told her what to say the night before!
    All this was over looked and they didn't care, the judge commented it “doesn’t matter”. I was still going to trial, problem was, 10 months in jail, fighting to not get raped, or stabbed since I was considered a predator and it is something criminals hate, and my wife had run out of monies between layers, food rent and such, the lights were getting ready to be turned off, and she was going to get evicted since rent was back due, when they made the plea barging, and I was told that all i had to do was some probation, I was like "ha, I can do that on my head (I had done probation before for drugs, i was addicted to cocaine years ago.)
    I needed to get out, and start to make money to feed and keep my family housed, and I was Never told that I would be on some internet list, that my "rules" changed whenever they decided they wanted it to. Now I have moved 3 times due to neighbors being mean or cruel just cause as soon as I move in the dam FDLE post flyers, Please, I beg anyone, is there something I can do, Can I claim duress and change my plea, can I have a judge re-look at it, anything, I have paid enough for something I never did, and so has my family.

    Thank you
  • 10-18-2009, 06:04 AM
    LawResearcherMissy
    Re: Is There Anything I Can Do Legally
    You have a lot of extraneous details that are confusing the actual issue, here.

    Nevermind all the he said/she said.

    What evidence was presented against you in court? Who pressured you to take the plea bargain?
  • 10-26-2009, 08:51 PM
    alittledumb
    Re: Is There Anything I Can Do Legally
    Hello
    The Only evidence was the child’s statement.
    The charges they said they were filing on me were 3 counts of capital sexual battery.
    I do recall that they took the child to a doctor, and the doctor found no physical evidence.
    The even made my 5 year old go though same physical and same result.
    So to answer the question, I believe the only evidence was my step grand daughters statement that I touched her, and made her touch me, and that I did the same to my daughter (which like I said they had to drop my daughter since she said it was a lie)
    The state also, charged me for the same crime against my step-daughter to which was dropped cause my daughter told them they were outta there mind, this came about cause my grand daughter told them i did the same to my daughter also.
    One strange this is one of my biggest things was that I could keep providing for my family, they agreed to let me live back at home, and raise my 3 step daughters( at the time this didn't seam weird to me, but now looking back, if I was such a threat to kids to deem me a predator, why allow me to live at home with 3 girls 11, 8, and 5 years of age.
    Another thing I know, is I had 2 years house arrest, followed by 8 years probation, during all that time, I had 6 different Probation officers, one thing they all agreed on was that i got screwed. I had 2 come over and tell my wife and me, that they felt so sorry that the system they work for could have screwed me so royally. Now if you need any specifics on the case I can get you more info, all I need to know, is if it is possible for me to have the plea overturned, due to the fact that I took it while under extreme duress due to my families financial state, and also due to the fact that I was innocent, and Not entirely knowing what this plea meant, having had a few drug charges when I was younger, I was on probation twice, and they told me it would be the same, so I figured it easy to do probation(which I had no trouble doing) since I was not a threat to anyone, and I let my drug days many , many years earlier. I just was not ready for the aftermath that followed a plea to this crap, all the BS that went along with it, the ridicule of not being able to get a job, having my neighbors treat me like dirt, and constantly being on the internet. I do computer repair for local shops, and I had one person tell me, "hey i lost your address so i googled ya, and found ya on the FDLE site, whats up with that man"
    Needless to say, I lost that contract.

    Oh , yes sorry, the Only pressure I got for accepting the plea was my families financial state, they were getting evicted and had m no money for electric bill or food, and the lawyer told me this could take another year while we fought it, and I would have to stay locked up till then, which was crazy cause I surrendered when I herd they filed charges, and my lawyer got a bail herring after 3 months, to wit the judge granted me bond on 2 of the 3 counts of capital sexual battery but not the 3rd. My lawyer told me, this is one of there ploys to keep you locked up and make it harder for you to fight this all the way. My lawyer told me it was crazy cause all charges were same thing, just that she said it happened more than one time, so 1 charge for each time.
    This was another factor in me taking the plea when they offered it, knowing well from my lawyer it could still take another year not including the 6-7 months I was already there, my family would have no way to support themselves.

    So, bottom line, is there anything I can do short of moving out of the USA, a country i served, or is there any way to get this reversed.
    PLEASE any advice would be much appreciated.
    Please excuse my awful typing

    Hope this answered your questions, if you need more specifics, I can get it to you, let me know, and we can find a different medium for me to get it to you, and thank you
  • 10-30-2009, 04:11 AM
    nite_riderusa
    Re: Reopening a Sex Offender Conviction
    Normally once you have taken a plea bargain, you admit to the charge in open court. That normally means you cannot now 12 years later contest the charge. But, you definitely need to talk to an attorney that specializes in these type's of cases. Stranger things have happened, you may have a case.

    Plus have you looked into being released from offender registration yet? Most states (I don't know if yours does) have an avenue that "level one" offenders can eventually be released from having to register if they have had no further convictions. I would ask the attorney about that too.
  • 10-30-2009, 09:12 PM
    alittledumb
    Re: Reopening a Sex Offender Conviction
    What is a level one offender?
    I know that this is the ONLY time i was ever accused or charged with this , and they got me classified a predator, I really need to figure out what i can do for my self, I lost all I had and still not total recovered yet, due to the fact that No One wants to hire someone with this type of backgroung.
    is there a way for me to find out if and what there is anything I can do, on my own, without trying to hire a lawyer, which i do not have the money to do?
    Thank you
  • 10-30-2009, 11:34 PM
    nite_riderusa
    Re: Reopening a Sex Offender Conviction
    Anyone can represent themselves in court matters. It's not wise, but you can do it. The best way to find out which papers you need to file for your end of registration,(if you are eligible) is contact your legal aid society. Then follow their recommendations.
  • 10-31-2009, 07:57 AM
    cyjeff
    Re: Reopening a Sex Offender Conviction
    To boil this down.

    You admitted to the crime in open court 12 years ago. Between the confession and the time, this case has almost no chance of being reopened unless you can prove to a court that there was a compelling reason for you to lie.

    No, saying you had to support your family isn't a compelling reason.
All times are GMT -7. The time now is 03:56 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved