My question involves criminal law for the state of: Ohio
2 months after turning 18 I was charged with rape for consensual sex with my girl.
I told the police about her other lover who w as 21 at the time and ended up on the same indictment as him as a co-defendant by the time it got to county jail.
Upon arriving to city jail where i live I was presented a charge of rape. I come from a family that says to tell the truth so I wrote a statement saying that we had sex and mentioned her other lover who was 21 (who had sex with her long before me and secretly had sex with her in my house when I was gone to the store) in my statement.
While waiting in city jail for my preliminary hearing an officer came to my cell with a waiver of preliminary hearing. My mom was seeking a lawyer so I was told not to do anything so when they asked me to sign it I said "no thanks".
The police treated me very badly after refusing to waive my rights.(They knew if I would have made it to the preliminary hearing I would have been charged with a misdemeanor , not of a felony because the age difference was only 3 years) They let all the other prisoners out for snacks, television, & phone calls and told me and the other prisoners that I wasn't allowed out because I wasn't co-operating (I told on my co-defendant and gave a full statement) by signing my rights away.
The juvenile detective had bullied me my entire teenage life and was happy to be the one to arrest & process me even though I was an adult. The detective came to my cell after his shift holding my statement in his hands and told me he was going downtown to visit his personal friend on the grand jury and they were going to get me.
Days before I my preliminary hearing the detective came to my cell and told me you have been indicted and you are going downtown. When I got downtown I was indicted on 3 counts of rape with my co-defendant who was 21 charged with the same.
Was this malicious prosecution?
After 3 months in jail my co-defendant and I were offered 3 felony 4 charges that were probation-able.
Me Age 18: Offered 3 reduced charges of : Sexual battery A-2
Co-Defendant Age 21 : Offered 3 reduced charges of: Corruption of a minor.
We were both given probation for 2 years. I violated probation because I couldn't get up at 8 am when they required me to get there. I was sentenced to 1 year time served 83 days.
When I got out I was on parole/post-release control for 5 years. I reported until my po asked my why I violated probation. As soon as she heard my reason she made all my appointments at 8 am till I missed one and she violated me.
I came out and was still on parole and this happened 2 more times till I was given a new charge of escape for not reporting. And the other time I given a new charge of not reporting as a sex offender (because I had a parole warrant)
The last time out of prison I was given a new po who was nice enough to give me afternoon appointments. I completed parole in 2000. I was on the sex offend list till 2010.
During my new charge of not reporting as a sex offender my court appointed lawyer told me that I could not legally be charged with sexual battery either because of the 3 year age difference. We were in front of the original sentencing judge who sent me to jail for violating my probation for one year. My lawyer told him it was not legal and he should drop all charges against me for not registering as a sex offender and all original charges of sexual battery since my crime was only a misdemeanor. He said no he would not go back on his ruling so I went back to prison.
Outside of this vicious cycle of prosecution I have never been arrested. I have been out the system for 11 years. My public record shows my nolled rape charges. I want to move on with my life. I am interested in getting pardoned since I can't expunge sex charges in Ohio. What are my options? How easy is it to self file a motion to vacate guilty plea? I was charged in 1997. Please let me know thanks.

