Lenell Rae Nussbaum’s Answers

The "justice" system is run by human beings and so is necessarily flawed. Not every injustice will permit going back twenty years later to change what occurred. There are very few, very limited reasons to permit anyone to withdraw a guilty plea. What you have presented alone is not enough. But if Jack is serious in wanting to challenge this conviction, he needs to retain a good lawyer with experience in post-conviction relief and plan to have that lawyer work hard to see if there is any...

The downside includes it will go on your record as a criminal conviction. If it is not yet requiring registration as a sex offense, the Legislature is known to expand the list of convictions that does, and at some later date you may be required to register as a sex offender. If you are guilty, the court can require you to undergo a sexual deviancy evaluation and have it returned to the court, where it becomes a public document. With court records now frequently going on line, that means it...

The legislature recently enacted a Parenting Sentencing Alternative that applies to parents solely responsible for caring for children. Ask your public defender to look at this statute. It may have been enacted after you committed your crimes, and so officially may not apply to you. At the least, it suggests a public policy against putting parents in jail if it leaves children unattended. That policy may be an argument for an exceptional sentence below the standard range -- especially if...

You need to review lawyers' experience to find someone who specifically knows child sex abuse cases and has tried them before. This is a very dangerous area of the law for you. It carries a sentence of life in prison with the possibility of parole after a period of time. A lawyer need to be very familiar with the law of these cases. Once you know of their experience, you should meet with them individually and find one you are personally comfortable with. If you cannot afford a private...

If you are a U.S. citizen, there would only be a problem if there was a warrant for your arrest. If you are detained or met at the airport, please be aware you still have the right to remain silent and to decline any interview. If they have a basis to take you to jail, let them take you and hire an attorney as soon as possible. If you are not a U.S. citizen, it is possible for the U.S. to decline you entry based on a pending charge. I do not know if they deny visas for an arrest, but there...

You may retain your own lawyer to advise you what your options are depending on whether the service of the subpoena was done according to rules. Your lawyer also may be able to analyze the case and/or consult with his lawyer to see whether your absence will defeat the prosecutor's ability to prove the case. His lawyer may not advise you. These questions require a very specific analysis of the facts, and this forum is not a good place to do that.

Both of these crimes are very serious. The law does not permit the court to go easy on you because you have not been convicted before. A private lawyer can assist you even before a charge is filed if it has not been filed yet. If it has been charged and you cannot afford a lawyer, get a public defender and sit down with him or her to discuss your case. DO NOT DISCUSS YOUR CASE WITH ANYONE EXCEPT YOUR LAWYER -- not on the internet, not with friends -- only with your lawyer. Even your family...

There is no easy or direct way to reduce a felony guilty plea to a misdemeanor after it's all done. In very unusual cases, there may be some flaw in what happened that might permit a challenge to the conviction. It would require a lawyer experienced in post-conviction relief, it would be difficult and unlikely in most cases to prevail. Your son also might consider seeking clemency from the governor if he has demonstrated an exemplary turn-around in his life.

Your friend seriously needs to work with a domestic violence counselor to recognize how to get herself free from this very destructive relationship. She also needs a lawyer familiar with the dynamics of domestic violence to be able to demonstrate to the prosecutor what is really happening here. If she cannot afford to retain counsel, she should work with the dv counselor and ask them to assist her in meeting with her appointed lawyer. Her friends also might offer to meet with her lawyer to...

I had a client with very similar circumstances who followed through -- and was convicted of extortion. I don't recommend it. There are legal ways to execute on a judgment, frustrating though they may be. A felony conviction is rarely worth whatever amount of money you are trying to collect.