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  1. #1

    Default What to Do About a Sexual Misconduct Misdemeanor Guilty Plea

    My question involves expungements or pardons for the state of: alabama
    O.K. I have a some questions and I'll ask them first, then give you a brief overview of what happened. This is a confusing situation so if I don't explain something enough please ask me to clarify so I can get a accurate answer.
    1. What should I do after I have filed a application for full pardon in alabama, charge sexual misconduct?
    2. What will they base their decision on, ex what the charges were, the interview with the accused, notes from DA and accused attorney?
    3. Can the accused get custody of children with that charge?
    4. What is expected from the accused at the interview for pardon?
    5. What should the accused have for the interview to increse chance of geting pardon?
    6. Does the accused need an attorney?
    There is what happened in a nutshell
    Charges were filed by a 10yr girl
    about 1 mo later charges were filed by another girl 12yr old that was related to the 1st girl (cousions)
    charges were sexual assult, sodomy
    accused was given a public defender and was told that he should plead guilty and take a plea bargin for probation for 10 yr and register.
    The case remained open for 5yr
    there was no physical evidence, ex dr exam, witness,.. only his word aginst hers
    accused hired an attorney, paid 12000. to
    attorney gathered tons of evidence aginst the girls such as 1st girl had make the same allegations aginst 10 other men and she has a very unstable past
    the second girl was ready to drop charges untill her mother steped in and talked her out of doing so, the girl lived with her grandmother.
    evidence on the second girl was in part, troubled girl in and out of detention centers, violent history, trouble in school and when she got busted with a "hit" list at school and was facing charges for it she told police she was sexualy assulted by a family friend.
    a program to help with children who have been sexually assulted interview and councled the girls and their notes were disturbing to say the least.
    the second girl admited to the counc. that it did not happen.
    the part of the house that the 2nd girl claimed it happened in was not even built yet. and she stayed the night with the accused girlfirend while he lived with the girlfriend.
    the 1st girl droped her charges. the 2nd girl said she was going to but didn't have time to go to the da's office. when the da contacted her after 4yr of no contace btw the da and the girl she said she was not going to drop charges.
    the accused attorney told him that he had a very good chance of geting it dismissed untill it was time to go to court. then at the court house on the day of the trial the attorney said that the jury was very consertive and he was facing upto 98 yr in jail if found guilty. He had just "lost" a case where there was proof that sexual assu didnt happen and the case was very similar to the accused, so he strongly recomends he take the plea bargin.
    the plea was 1ct of sexual misconduct, 2yr probation and councling class for sexual offenders. the only one he had to nitify was the sheriff of his address, no registry list. It was not supposed to interfere with him getting custody of his children, they marked out where he couldnt be around schools, churches, children ect on the paper if he plead best intrest. he did take the plea. class C misdomenor
    now we are runing into all kind of trouble b/c he took the plea.
    Does anyone have any advice? even the counclor said in her opinion she thought he was innocent and if there was anything she could do let her know
    he is off probation and out of class now.
    thanks for any advice in advance

  2. #2
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    Default Re: What to Do About a Sexual Misconduct Misdemeanor Guilty Plea

    After you apply for a pardon you wait to see if the application is granted or denied. They will base their decision on the facts of your case, the petition, any supportive documentation they receive, and any objection or challenge they receive. If there is a hearing on the pardon it will be expected that the petitioner testify fully and honestly in a way that supports his petition. In pretty much any context the odds of getting a pardon are small, and the odds of getting one as a sex offender who confessed to a crime against a child (or children) is considerably smaller; there's no way to be assured of getting one.

    We have no information about the custody case. If you are a sex offender, and more obviously if your offense involves children, it makes sense to work with a lawyer in relation to your custody case.

  3. #3

    Default Re: What to Do About a Sexual Misconduct Misdemeanor Guilty Plea

    Thank you for you answer. I do have a question you wrote
    If there is a hearing on the pardon it will be expected that the petitioner testify fully and honestly in a way that supports his petition
    . The accused claims their innocence and always has which is why they would not origonaly take the plea bargin and hired an att, but on the advice of the att on the day of court he took the best intrest plea b/c a likley 98 yr sentence was the alternitive. I know he plead best intrest and that is the same as guilty and if he did not want that record it should have went on to trial, my question is, would it do any good to with the board to maintain innocence or just agree to the charges and see what happens? Accused has maintained innocence the whole time with the most important exception of the plea bargin. This is a aweful mess and we are very confused about all of it. The way the att, DA, ect made it sound was that alabama is very conservative and the "victem" does not have to prove anything, a jury is too scared to vote not guilty in case they are wrong. The impression we had was that no matter the circumstance if you were accused you had a very little chance of being found not guilty.
    Thank you on the advice of getting a lawyer for custody case I have been trying to find reviews on lawyers that deal with cases like this in this area.

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