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Getting charges lessened/dropped post-conviction?

Lexington, SC |

Here's a very different question regarding a unique case.
13 year old non-violently molests 11 & 3 year old brothers. Crime took place in GA. Offender currently in SC after completing 2 year institutional offender program. Offender currently in foster until 18 & serving out 20 year probation. Mother pressed original charges, but now wishes to have charges lessened.

I should bring up the fact that the offender was 12 at the time of the crime. The crime occurred 1 week before his 13th birthday. Could this be a way to get charges reduced to minor status? The crime he committed was also done to him at a prior incarceration (unrelated) that was never disclosed; therefore, he had no defense as a victim. Edited to add: offender & victims in original statement are all brothers.

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Attorney answers 1


I am assuming that the conviction is in Georgia.If so, any attempt to have the charges reduced would be based Ga. law. From the facts you stated, I see nothing that would justify re-opening the case to have the charges reduced if it w3re based on SC law.The fact that the victim's mother wants the charges dropped is not sufficient to have the case reopened. This is something the state might have considered in offering a plea bargain prior to the convition.

As for the defendant having been a victim himself, this is evidence that might have been used in the sentencing portion of the proceedings as mitigating evidence in hopes of obtaining a lighter sentence. In theory, if you could show that this was evidence that the Defendant did noit have at the time of sentencing, and could not have discovered by excercuising due diligence, then you might be able to get a new sentencing hearing. This is sort of a moot point since he has done his time (he would probably have gottent the probation until 21 even with this evidence).

If the institution where he was incarcerated was in any way at fault or negligent in allowing the assualt against him, he might consider a lawsuit against the institution. In SC the statute of limitations expires one year after hi s18th birthday.

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