Trying to see if a guilty conviction on a sex offense because of a sex sting can be appeal ? What If the person is in imm jail?

Asked almost 2 years ago - White Plains, NY

My cousin fell into a sex sting and his criminal attorney told him to declare himself guilty. He is now in immigration detention for about nine months and did time served for four months in westchester county. His immigration attorney file for an appeal for his criminal case about nine months ago but after that nothing also has been done. He is still in immigration detention and we wanted to know if he can still appeal his criminal case while in imm jail and what can we do?? I know We would need to hire someone experience with this kind of case and especially an honest attorney since both previous ones only took our money.

Additional information

He was register a sex offender level 1 in NY . The sting was about a 15 year old girl and he is was 30. Everything was through Craigslist , first of all he wasnt looking for minors. The ad on Craigslist was about an 18 year old girl then She told him to create himself an account on aol. The investigator that accused him change things to say that he entered the chat room but it wasnt like that. He did do worng on ending up talking to the girl after finding out "her" age but this was all a made up situation. There was never a victim and he was accused of attempt to disseminate indicent materials to minor. He had a clean criminal record and he is now very sorry for what he did and wants to clean his name because his life wont be the same. He regrets that big mistake and knows what he did was wrong but is hoping something can be done to help his situation .

Attorney answers (3)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is possible but unlikely.
    Contact a criminal appeals atty immediately.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Benjamin J Lieberman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes an appeal can be filed while in jail but it sounds like an appeal was already filed. What haapened with it? You don't get two bites at the apple. Reach out to an appellate attorney and see what s/he has to say.

  3. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I handle criminal defense and appeals. It is hard to undo a guilty plea. Did either his lawyer or the Judge the tell him the plea could lead to deportation? Is the plea the only reason his is being deported. He may be able to make a motion to vacate the conviction on the ground that he received the ineffetive assistance of counsel. I have made this type of motion before under a fairly recent US Supreme Court case called Padilla. I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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