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I need help. Please wait till after I have added the edits so you will have all the info.
I need to know if there is any way to challenge a court ruling. I want to have it overturned so I can get my freedom back.
6 ½ years ago accused of raping 2 little girls. (I DID NOT DO IT. I WILL CONTINUE TO CLAIM MY INNOCENTS TILL I DIE, AND THEN IT WILL BE CARVED ON MY GRAVE STONE SO I CAN STILL CLAIM IT THEN.) I was scared into pleading guilty to 1 could of sexual assault and 1 count of assault and battery. That would not have been to bad, since no age was mentioned, and there was only 1 count of sexual offence, I would only have to register 1 a year, for 10 years, then I would be free. When I got to prison. I refused to tell why I was there, so the staff looked it up and read that I was imprisoned for 2 counts of sexual assault on a minor under the age of 13.

2007-12-17 06:19:51 · 2 answers · asked by legalhelpneeded70 1 in Politics & Government Law & Ethics

That would mean that I would have to register once a year for life, would never be free of the title of a babe-rapist, could never get close to a school, nursery, or park (this also means I can’t go to the public library, or the local post-office since there are schools and nurseries. Right across the streets from them) I am not a baby rapist. Since I got out, the laws have changed and now I have to register as a baby-rapist every 3 months for life. This is not right. I have never hurt a child. And I never will, so is there any way to challenge the plea and get it overturned?
I have tried to contact legal aid, and the ACLU and have never been able to contact ether because I can not call long distance, and the mail here is so unreliable that I do not trust it to deliver any important mail.
I only make $600.00 a month on disability, so I can’t get a good lawyer.

2007-12-17 06:20:14 · update #1

If there is no way to overturn it, is there a way to file charges for false imprisonment? What I plead to and what I was imprisoned for are not the same. I was imprisoned for something much worse then I plead to.

2007-12-17 06:48:11 · update #2

2 answers

One of the elements of the plea bargain was that you FOREVER signed away your right to appeal. Even if you could prove it now through DNA evidence, there is probably no avenue for you to be able to pursue it.

You might try moving to another state that doesn't have the strict reporting requirements that are in your current state of residence. That requires you to get permission from both states to make the move, and then the receiving state takes over your parole reporting responsibilities.

** Note: This answer has not created an attorney-client relationship. This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

2007-12-17 06:40:00 · answer #1 · answered by scottclear 6 · 1 0

When you took the plea bargain, you signed away your rights to later appeal the conviction.

It is under a few VERY unusual circumstances possible to withdraw a plea, but you're long past the time when this would have been possible.

EDIT... False imprisonment, no.

However, if what you actually pled to, and what is currently showing on your record as what you were convicted of, is not the same, then you may be able to get a court to order the record corrected.

That IS going to need the help of a lawyer though.

Richard

2007-12-17 06:28:52 · answer #2 · answered by rickinnocal 7 · 2 0

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