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    wantstruth's Avatar
    wantstruth Posts: 1, Reputation: 1
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    #1

    Nov 17, 2010, 04:13 PM
    Legal question
    A man was falsely accused of having a relationship with a minor (this is exactly how the newspapers worded it) in reality his
    Only crime was being seen walking in the park with her and her two dogs on several occasions. He also was intoxicated while drunk, but remembers how the interrogation questions from the police officers were trying to lead him into a trap. He has of course no witnesses for his behalf, and now is serving 8 years, he has a supportive family, and two small children that need him. Will he be able to appeal his case after doing time, considering they never called the so called victim to the stand, and the parent's were the ones who pressed the charges? The so called victim wasn't a virgin, but she never accused him of touching her. He was advised by his lawyer to take the deal and plead guilty or he would get life. Will he even have a chance to live with his wife and children once he is out? If not what options does he have?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 17, 2010, 05:45 PM

    The victim does not have to take the stand, unless called as a witness. And in some states they have laws that allow a minor in a rape trial to not always take the stand ( not right but GA was going for one of those a few years ago)

    Next he plead guility, which means he agreed that he did it, and there is seldom any appeal from a plea agreement.

    Next even if and when there is, there is a limited amount of time after the trial is over to file that appeal.

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