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.
2006-10-10 20:45:51 · 6 answers · asked by GGNess 1 in Politics & Government ➔ Other - Politics & Government
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 to the 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 and they detained him
2006-10-10 20:55:56 · update #1
The ride to the station happened in March.... the "rape" supposedly happened in January.
2006-10-10 20:57:13 · update #2
The statistical number of people being convicted of a crime they did not commit is very low. If he is innocent then find another lawyer to retry the case.
2006-10-10 20:50:47 · answer #1 · answered by Serinity4u2find 6 · 0⤊ 0⤋
You already have the answers from the lawyers, and you aren't going to like the answers you get here either. He lost the right to appeal when he agreed to plead guilty to the charges. When he had no legal representation of his own, the court provided him with one. The court appointed lawyer would have considered the evidence against him, and presented it all to your boyfriend for him to decide what to do next.
They do not have to take blood to do a DNA match. The DNA can be taken with a swab from the cheek, a cigarette butt, or a drink can/cup your boyfriend used and threw away - even inside the interogation room.
Whether you like hearing it or not, and whether you choose to believe it or not- there was evidence of a rape and evidence that he was party to it- or he wouldn't have done time. Hearsay evidence is not permissable. A rape conviction requires more evidence than just being seen in a person's company. In fact, to convict of rape- there has to be some kind of physical evidence to support the charge. There may have been mitigating circumstances, such as the girl was 16 or so- and would lead the court to believe that although it was statutory rape, it was not aggrivated. In other words, she may well have consented, but was under the age of consent. That would go far to explain the two year sentence. It is short, but not unheard of in such cases.
You don't want to hear this, but your boyfriend is not the innocent you would like to believe. He may well regret the incident, especially now that he is older, and one hopes more mature. Unfortunately some of the poor decisions we make in our youth follow us through life. In time, if he remains clear of the law and goes on to lead a productive life, he may be able to petition the court for removal- or even obtain a pardon, which could remove him. In the meantime, he will just have to adapt.
As advice to you- for what it's worth- I used to work with convicts as a counselor. They always have explainations, and excuses. There are no guilty men in prison. You need to be careful of falling for the stories they tell. This one has way too many inconsistencies and you need to be real cautious about what you believe. You may well love him, but don't be blind. If you really want to know what happened, you need to make a trip to the court records and read about it for yourself. It's public record, available to you for asking. It won't be hearsay from anyone, not even your boyfriend. But it will give the evidence used to convict him, and you might find it an eye opener.
2006-10-10 21:40:32 · answer #2 · answered by The mom 7 · 3⤊ 0⤋
First off, you say his lawyer wasn't "barred." I assume you mean that he hadn't passed the bar or wasn't in good standing with the Bar Assn.. If that were true, he never would have made it into the courtroom as anything but an observer.
Secondly, if his lawyer had "run off," he could have hired another or had another appointed by the court.
As far as a plea, no court will accept one from a defendant who isn't fully aware of the consequences.
I'm afraid your boyfriend is blowing a whole lot of smoke up your skirt.
2006-10-10 21:35:17 · answer #3 · answered by Anonymous · 2⤊ 0⤋
He'd be best to put the entire thing behind him and move on.
Proving he was framed would most likely be difficult. The lawyer clearing off is unfortunate - but would have no relevance to a re-trial.
He has done the time. It can never be returned. Don't waste another 4.5 years trying to unwrite history. Just move on with life and start anew.
2006-10-10 20:59:15 · answer #4 · answered by trev 2 · 0⤊ 0⤋
get a lawyer and fight it. if a rape kit wasn't done it is hard to convict someone of rape. Ask that a DNA test be done.
2006-10-10 20:54:50 · answer #5 · answered by King Midas 6 · 0⤊ 0⤋
Ricci is an Italian call, not Mexican. And, Ricci replaced into in reformatory for different crimes, and purely suspected of abducting clever. he died using fact he had a recommendations hemorrhage, not as effect of "rigidity". he replaced right into a occupation criminal, existence in reformatory for him replaced into not something new. Now, in case you prefer to scream for "Justice" for the different shitbags, be chuffed to ask yet another question. yet this guy does not deserve any sympathy. it particularly is the difficulty with you liberals, you do not make an effort to income data.
2016-10-19 04:46:46 · answer #6 · answered by ? 4 · 0⤊ 0⤋