Can I reopen a sexual molestation case that I felt I was too little to speak up to? and was charge and sent away for 2yrs?

Asked over 2 years ago - Tempe, AZ

I was sexualy active as a young kid and I was 13 yrs old I had a one time sexual incounter with another kid 2 yrs younger. It was completely consensual and later when I was in high school got taken out of school and was told I was being charged of it. It was dropped to a misdemeanor however, I felt and my attorney said it only one time in court that it was consensual. I got sent to a group home for 2 yrs and now I will never date anyone younger than me and I feel that I need to reopen the case and if I win file a lawsuit if its even possible.???

Attorney answers (3)

  1. Aaron Michael Black


    Contributor Level 15


    Lawyer agrees

    Answered . Unfortunately too much time has passed. You accepted a plea. After accepting guilt you do have the right to post conviction relief (PCR) if there is a manifest injustice (new evidence, someone was untruthful with you, ineffective assistance of counsel…). This must be filed within 90 days of your sentencing on the guilty plea.

    Hopefully another attorney has a better answer, but I think the conviction will remain.

    Aaron Black
    Criminal & DUI Defense Attorney
    Law Office of Aaron M. Black, PLLC
    3219 East Camelback Road #573
    Phoenix, AZ 85018
    Office #: 480-729-1683

  2. Kaitlin Sofia Verdura

    Contributor Level 12


    Lawyer agrees

    Answered . Once you've entered into and the court has accepted your plea agreement, you are entitled to file an appeal for post conviction relief within 90 days. However, because appellate issues are a specialized area of criminal law, it's important to consult an appeals attorney who can review the facts in your case specifically to determine if any other remedies are available. Best of luck to you!

    Verdura Law Group PLLC

  3. Richard Joseph Albanese

    Contributor Level 13

    Answered . Definitely consult an attorney who handles criminal appeals.

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