My husband was a school resource officer . He had dealings with a student who brought alcohol to school in 8th grade in addition to some inappropriate sexual behavior. She was sent to a mental hospital where she stated how much she hated him and diagnosed with borderline personality disorder. 2 1/2 years she came forward and claimed he tried to kiss her and grab her breast. There was no phone calls, text , pictures . She got two friend yo come forward and say he tried kissing them also. DA took 3 yrs to try the case moved trail over 25 times. One week before trial they offered a probation plea so the victim changed her story and they charged him with more. During the trial she changed her story back and convicted him. They gave him 12 years in prison for allegedly grabbing her breast and trying to kiss her .. not one bit of evidence! Does he have any chance of appeal ? Please someone help us.
Her testimony was evidence. An appeal is based on saying that something was done during the trial that should not have been. Did the judge make an improper ruling? Was evidence allowed that should have been excluded. Filing for an appeal does not get him an automatic new trial. You should speak with his trial attorney. They are the person that knows if there were any issues during the trial.
Wishing you the best.
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Generally speaking, your chances are MUCH BETTER at trial than they are on appeal. Especially if you have a top-notch trial team.
An appeal isn't a do-over. The purpose is to address legal errors during the trial... but most errors must be "preserved" before the appeals court even has the ability to do anything about it... and most errors do not require a new trial to fix.
Probation still requires a plea of Guilty or No Contest (which are basically the same in this type of case.)
Unfortunately, you can't go back in time and hire a better defense team so all you can do is hire the best criminal APPEALS specialist available and hope that somebody made a significant legal mistake during the trial.
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.
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