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Falsely accused of child molestation

San Diego, CA |

My father just got sentenced today for child molestation but the main factor is that the accuser was his ex wife and she did this to seek citizenship. She is from another country, my father has gone to therapist and counceling to prove that he is innocent. What can I do to make the judge realize it was just for immigration

Attorney Answers 3

  1. Since he was already sentenced, you can file an appeal. Was it a jury trial or did he plead? those things make a difference

  2. YOUR FATHER should file an appeal. YOU should hire your father the best, locally experienced, criminal defense attorney you/he can afford.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

  3. The biggest issue with any appeal is that since your father voluntarily pled to the charges, it is assumed that he knew what he was doing and did so in his best interest. The judge would have thoroughly questioned your father to insure that he was entering his plea was entered freely, voluntarily and intelligently. He would have asked him if he had any questions for his attorney or the judge. Only then would the judge have accepted the plea deal. Since your father has been sentenced, then any possible appeal would have to include a certificate of appealabilty. Be aware that pleas are not easily overturned and a judge would have to agree that there is an appealable issue, hence the need for a certificate of appealabilty. I know this is tough for you to accept, but your father must thought this deal was in his best interest or he would not have entered it. You may believe that his ex-wife cooked up this allegation(s) to get her citizenship, but if your father was innocent, why would he plead? He had an attorney who knew the case and was privy to all the facts, so I have to assume he properly advised your father. Unfortunately, there are many innocent people sitting in county jails and state prisons who claim to be innocent but they are still incarcerated.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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