Wrongly Accused Man! Please help?

Question

Okay ...where do I begin? ... about 4 1/2 years ago.. My boyfriend was wrongly accused of raping a young girl. There was no "Evidence" it was all circumstantial and hear-say. He had a lawyer, but later found out, after the lawyer took off with the money, that he was not barred. Now he and his father were in a situation where they didnt know what the heck to do... you have a young girl saying that this man raped her, your lawyer runs off. and your AFRAID your going to get hit with hard time! Now he and I as well as his family believe that there was a group of men or "boys" that had a vendetta against him. He was framed, I know that it sounds like hes saying what every other man who is or went to prison is saying. but this is not one of those cases! He went to prison for 2 years and was let go.. for RAPE mind you! They did not take blood! he was detained for 3 days before being "arrested" and now he is the Sex Offenders Registry..please he needs his life back youranswers are appreciated.

Please .. if anyone knows anyway that this could be taken off his record.... or anything! please your answers are appriciated!
He took a plea because he had no idea what they would do. We talked to a couple lawyers and they told us that there was really nothing they could do because he gave up his right to an appeal when he took the plea... so we dont know where to turn. or what to do. Its injustice! and it took 2 years of a mans life... Another thing this took place in Detroit, There are so many rape cases there they don't know what to do with them... I am telling you it would mean so much to us if you could help or advise on steps we can take.... Thank You.

He was linked tothe crime because he was in the same house it happened at.. It was a party.
he got to the police station by means of the girl "victim" and her mother .... he went to "supposedly" Identify the girls friend and that is when the mother started cussin and screamin sayin that he raped his daughter abd they detained him.

Answer 1

truly belive you bf is not the only one falsely accused, and/or sitting in jail right now....if there was alcohol involved, lets say the girl was drunk, and can't remember who did it to her, so your bf gets singled out by others who may have been the one(s), she has to pacify her mother, so she just points a finger...Was the rape reported where a rape kit was done on this girl?..there should have been DNA evidence collected!!!....If it was me, I would want my name cleared, and wouldn't stop till it was...Your bf can file a civil suit against the girl I think....and that will open a whole new can of worms....Just today on the radio, a man spent 11 yrs for a rape, that DNA just recently proved he didn't do it, but the guy didn't live long enough to see justice, he died in there of "natural causes" so it was stated....hope things work out....

Answer 2

Were you his girlfriend four and a half years ago?

If the "lawyer" took off with his money and left him "alone", the court would have ordered another attorney to represent him unless he declined his right to counsel.

Taking the "deal", sorry, but I don't know any innocent person who takes the "deal" because they don't know what to do.

How do you know there is no "evidence" - the prosecutors had to have enough evidence to bring this before a Grand Jury and/or enough evidence that the prosecution believed they would not lose the case.

What most people who are not in the legal field do not understand is that charges and lawsuits are not just "filed" because that's what you "want" to do; standards of proof must be shown that you are not wasting the court's time. Usually, if there is a suit and/or charges brought, there's already been some showing of proof.

I am not sure how anyone can be "framed" for "rape".

Why not insist on DNA testing now?

Find a Civil Rights group and seek their assistance to "right a wrong", if that is what truly happened.

I urge you to read the court file and discover what "proof" truly exists as opposed to what you have been told.

Good luck.

Answer 3

If they arrested him right after it happened then they should have sent the girl to the doctor for a rape check and so there should be DNA evidence. Get a court subpoena to find out if there is, and if so, you could have it tested and it would be a slam dunk. I would pursue this first, as it would be the easiest way to prove him factually innocent. If that doesn't work, go for a retrial based on the attorney not being barred in that state, and make sure you do your home work, don't be afraid to spend the money, as it will be worth it, but don't spend unnecessarily, get some legal advice about how to go about finding the DNA. If this happened just 4 years ago, there has got to be DNA Evidence taken.

Answer 4

This is your boyfriend, and this happened 4.5 years ago. Did you know him at the time? If not, then it seems to me that you are believing his story just a tad too much.

While our system of justice isn't perfect by any means, the story you tell is a bit too wild to be true.

IF it is true that his lawyer was indeed not properly licensed, then he would have a right to ask for a retrial with a properly licensed attorney to represent him. However, I suspect that this isn't the case. I suspect from what you're telling us is the lawyer absconded with the retainer and was subsequently disbarred.

I think that based on your story, and based on my knowledge of the American judicial system, that either you aren't able to articulate it well enough, or that you are being taken. Some information that would be helpful if an attorney were to evaluate the case would be:

The court case number, (including the name of the court and the state that it is in), and the name of the case, (i.e. State v. John Doe). I suggest that you go look up the case yourself at the courthouse where this all took place. Don't rely on your boyfriend's story.

If you really want to believe him, and don't know how to look this up, then ask an attorney who is licensed in that state to look up the case and review what happened. For a referral, contact your local or state bar association.

Answer 5

hi there, this is a difficult one. if it was me in your situation. I would get a patition together to get his case relooked at. Go through everyone that would have a vendetta against him and go to there homes and find out exactly what they were doing on that certain day confirm there allaby and mark them off the list untill you have gone through everyone. BUT always remember if someone wants to reck someone elses life, sometimes you need to look closer to home, or around very close friends, Its not always the people that dont like you. It maybe someone you would never expect. I would quiz all family members and friends. Think hard if he has upset anyone. Obviously someone doesnt like him or is very jealous of him. If you do start quizing people dont tell them what you are doing just turn up and go into your questions take a tape recorder. Thats what I would do, if my husband was being framed i would not give up till i found out who done it, as they may come back and try and frame him for something else. Hope this helps

Answer 6

I am sorry. No law anywhere can protect innocents because the original criminals has nexus with the police. I live in India, As u know it is also a democracy like US. These kind of cases are forced upon innocents to spoil their future. Try this method.
1) Activate Press. Call for a media meet and request them to project ur case including T.V and all magazines.

File a re-trial and also get more information about the police officers involved in this case. They may be corrupt bastards.Go to a higher court and ask for a re-trial with a time frame. Can u not find any sincere good lawyer in the US. Try Searching. Do Not give up. I appreciate u and praise u for ur support given to ur BF at this age and still standing beside him after all these things have happened. Amazing Prove it to this world of cunning criminals, jwels like u are there shining.

Answer 7

Only the Innocence Project, or another law school-based DNA project, can help.

As for the lawyer: you seem to say that he was not licensed. If he represented the defendant in court you can get a re-trial. You need to work with the State Bar to have him prosecuted for unlicensed practice of law.

But you can't resolve this on Yahoo! or on the Internet. You need professional advice.

The Sex Offender Registry is misguided since it lumps child molesters, sex killers, husbands of underage women ("nonage" cases), other consensual statutory rape cases, and dubious convictions (including guilty pleas to avoid the risk of long sentences) all together. It's a hysteria of our age and you are stuck with it unless you can get the conviction reversed, or a pardon.

Answer 8

You could have him look into filing for a mistrial or something( I'm not sure what its called but ask a lawyer). I think there is a law that says you can get your case re-tried if your lawyer was incompetent or mishandled your case. If he wasn't barred I think he qualifies. He might be able to clear his record and get off the sex offenders list.

Answer 9

You've already answered your own question. Nobody held a gun to his head to make him plead guilty. He admitted that he committed the rape and waive his right to appeal. Now he has to live with the consequences of his decision.

Answer 10

first of all, circumstantial data remains data. this is used against a individual. look at Scott Peterson, as an occasion. each and every of the data that proves that he murdered his spouse and unborn newborn replaced into circumstantial. He replaced into rightfully shown responsible by that data. 2d, your boyfriend can not get this off his checklist. He took the plea settlement, which replaced into him admitting that he did the crime. on account that he admitted, he has to take the words that he agreed to in the plea settlement. If he were discovered responsible in a tribulation, he might have recourse on account that he ought to press of DNA finding out of any data. on account that he agreed and admitted, as component to the plea settlement, that he dedicated the crime, he can not circulate decrease back now and say, "Oops. I replaced my recommendations." it is in all possibility too overdue to sue the unique lawyer for malpractice.