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My 3 yr old niece touched me in my sleep. I was arrested and,10 months later, gave into a b. interest plea. How can I fix this?

Nashville, TN |

My sister had asked me if I could babysit overnight.I agreed. The next morning, my niece informs my mother that she had touched me. According to the discovery I received, my sister had given multiple versions of statements of the event. She also threw in there that all 6 of her brothers, myself included, raped and molested her resulting in various medicated mental illnesses.Nine months after the event, I was arrested and charged with 2 counts of Aggravated Sexual Battery of a Minor under 13.During my stay in jail, I discovered my sister was blackmailing my mother from giving a statement.My mother was the original witness.Ten months in jail,I tried to get a best interest plea calling for a Range 1 Class C Felony(3-6yr) but was blindsided on my signing day by the prosecution by Range 2 8yrs

(wasn't much room) The prosecution used a "take it or go to trial" and risk at least 8 years at 100% or the 8 years at 30% suspended with lifetime registry. The charge was lowered from Class B to Class C but the time was raised back up by a ruling case (cant remember which). My lawyer at the time was insistent that I had no case and would have lost, innocent or not. He claimed that the trial would have simply been a "swearing contest" and there was nothing that could be done but take the deal. I know I had a corroborating witness (though being blackmailed by prosecution's witness created a problem), possible expert witness to verify Forensic Interview was done correctly and also one to verify claims of coercion), "lack of intent", no Mens Rea, and many other little things that should have been acceptable. I am currently a week out of jail and forever know as a "Attempted" Child Molester which is classified as a "violent" crime in the registry. I need this fixed.

Attorney Answers 5

Posted

Fixed? What do you mean?

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Asker

Posted

Sorry about the clarity, I had very little room for the question. I was trying to ask what I should do to about repairing the damage this nightmare of an event has done to me. (legally speaking that is)

Kathryn Mary Holton

Kathryn Mary Holton

Posted

You will want to seek out an Appellate Attorney to see if there is any post conviction relief, but from your post you voluntarily plead guilty so I doubt you have any grounds. Good Luck and make sure you sit face to face with a lawyer and bring your Court records. Convictions usually cannot be expunged.

Asker

Posted

I was afraid that I may have been mislead in my plea. If there is truly nothing I can do to remove the plea of guilt, do you think it would be possible to get the sentencing reduced to the original Range 1 with minimum sentencing? The ruling case simply stated that the prosecution was allowed to upgrade the Range by 1 if reduction of Class was used for probationary purposes.

Kathryn Mary Holton

Kathryn Mary Holton

Posted

Don't know that is why you need an appellate lawyer to review and investigate your case, my thoughts are not legal advise based on real evidence.

Asker

Posted

I understand and agree. I submitted my question for those ideas rather than actual council. I truly appreciate your thoughts either way as they are sound and productive in nature.

Kathryn Mary Holton

Kathryn Mary Holton

Posted

It is worth finding out for sure because your future is important. Good Luck.

Posted

You need to get a lawyer - see if you can withdraw your plea. But it's difficult.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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Posted

What things should I look for in a lawyer (other than price) that will guide me to selecting the right lawyer for me, for this case?

Anthony Michael Solis

Anthony Michael Solis

Posted

One who has experience in these types of cases, one who actually does trials and who has excellent written work (motions) and a good reputation in the court where the motion is going to be made.

Posted

There are motions that you can file to fix this problem. You need to discuss this with and atty asap as time is a factor. Not many attys handle sex crimes. How long ago was this?

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

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Asker

Posted

the time frames are 3/7/12 event occurred, 12/3/12 arrested, 9/19/12 plea signed

Claiborne Hambrick Ferguson

Claiborne Hambrick Ferguson

Posted

do you mean 9/19/2013 plea signed, you have 2012. If so, you might be able to do something. either post conviction or motion to set aside plea or error corum nobilus (newly discovered evidence. I would suggest at this point you stop discussing fact on open forum and contact someone directly. We have handled similar cases and they are all fact dependent on how to proceed and outcomes.

Asker

Posted

yes you are correct about typo. i will take take the advise I was given so far and move toward a progressive solution. It seems there is something I can do, so, I will try it.

Posted

Time is of the essence. Contact an experienced criminal defense attorney ASAP. There are Motions that need to be filed immediately asking the court to set aside your Best Interest plea.

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Posted

Did you have a public defender?

↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.

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