I was accused in Sexual Battery 3 years ago. I went to jail for 40 days and I'm on my probation period. I have immigrated to USA 5 years ago and could barely speak any English that time nor didn't have any money to hire attorney. I just found out or better said I finally understood USA law and the Statue I was accused of and I believe I was falsely accused.
1) There is no any evidence of Sexual Battery, except the video where I just pulled the girl's hand and nothing more. I haven't touched any other parts of her body or verbally violated her.
2) Translator that I had during court told to Judge, Prosecutor and Attorney that he cannot translate everything to me, since he doesn't know the legal terminology (he still can confirm that he couldn't understand everyone at the court and couldn't provide full translation)
3) Seriously, there is no any other evidences except where I just pulled the girl's hands and released it after 30 sec
Can you appeal your case three years later? In a word, NO.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
The time for appeal has long since passed.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Sorry but it is too late to do anything. From what you have written, I could easily see this crime being charged as a sexual battery under the right conditions. Sexual battery does not require any "verbal violation" or touching of a person's intimate body part. Touching her hand with sexual intent is necessary, but if you tried to use her hand to touch your body part for example, that could be a sexual battery. And by the way, there is no such legal thing as a "sexual maniac".
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.
Because you are on probation you can file a petition for a writ of habeas corpus alleging a violation of your constitutional right to due process in that you did not enter into a knowing and voluntary waiver of your rights when you entered your plea. There is a way to appeal this way.
While the time for appeal has passed there are legal vehicles to undo a conviction where a plea was entered without full information at no fault of your own (e.g., petition for writ of habeas corpus or coram nobus). You should consult with an experienced appellate attorney. This is specialized work so make sure you find a lawyer who has experience with post-conviction writs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline