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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

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Attorney answers 3

Posted

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

Asker

Posted

He was going to get probation because he plead guilty due to the fact that our lawyer said that if we went to trail any charge they found will result in him doing 11 years

Posted

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

Asker

Posted

How long will the appeal take and what is going to happen during the appeal

Posted

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.

Asker

Posted

That's why his lawyer told us that he had to plead guilty or risk going to trail and facing 11 yewars . and we know for a fact that she did this for immigration one of her family members told us she said she was going to do that

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

Accepting a plea bargain in any case involves weighing a number of factors, including the risk of losing at trial and being sentenced to a potential prison sentence. And of course there is the lifetime sex registration requirement. Ultimately, his attorney must have advised that going to trial was too great of a risk and your father must have agreed. I suspect that it the wife had testified she would have denied that the molest had anything to do with immigration. I further suspect that her family members would have denied making any comments regarding immigration as well. Molest cases are tough cases to defend against and juries do not like them. They are especially tough because a conviction can be based solely on the testimony of the complaining witness without any other evidence whatsoever. Finally, you don't know what your father told his attorney since those communications are protected by the attorney-client privilege. By the way, I'm unclear as to how accusing your father of molestation helps her get citizenship?

Asker

Posted

Because they are both illegal immigrants and she actually said that my father did it and the kid is her little brother. One of the aunts made a comment and testified saying that everything was planned and on top of that there's a recording of her stating that

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

Again, how does accusing your father of molestation allow her to get her citizenship? In the end, if this was not a good deal, your father could have rejected it and gone to trial. Obviously not going to prison for 11 years was more important that taking a chance on a trial.

Asker

Posted

I've read of some cases where people who are victims get citizenship and that's why I am here. I am completely lost I don't know what to do if I should hire another lawyer or.... I don't know anymore but I do appreciate your advice and for taking the time to respond to me

Joseph Salvatore Farina

Joseph Salvatore Farina

Posted

There is really no reason waste your money hiring another lawyer. Getting a plea bargain overturned is almost impossible because a judge would have been very careful to make insure that your father knew what he was doing and because judges don't want to see plea bargain set aside if someone changes their mind. This would have included an admonition that a plea could result in deportation and exclusion from the United States. If there was any concern about what was to going to happen, it should have been addressed BEFORE the plea was entered. A lot of attorneys on this site respond routinely about talking to a lawyer, but in all honesty, you'll waste a lot of money and have nothing to show for it. And unfortunately, since your father is illegal, he most likely will end up getting deported, which I assume his attorney advised him. But if talking to an attorney makes you feel better, then by all means look for someone who offers a free consultation. And be VERY CAREFUL of anyone who makes big promises because all they really want is your money.

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