How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask NACDL LIFE MEMBER Your Own Question

NACDL LIFE MEMBER
NACDL LIFE MEMBER, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 91
Experience:  15 years trial attorney, over 60 federal, state and military jury trials, over 3000 cases defended
3598151
Type Your Criminal Law Question Here...
NACDL LIFE MEMBER is online now
A new question is answered every 9 seconds

My son spent 3 years in prison, for a crime that

Resolved Question:

My son spent 3 years in prison, for a crime that he did not commit. The case was recently overturned, and according to a court document I just read on line he should never have been convicted, or imprisoned at all. Can he now be compensated? Does he have any legal recourse for his lost years and damaged record? He has also lost contact with his children. His wife and 2 boys have "disappeared". Don''t I have grand parent rights? He cannot afford to pay another attorney, I paid 2 attorneys a large sum at the time of trial and they did nothing to help him.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  NACDL LIFE MEMBER replied 6 years ago.
My answers to your questions are assuming that Texas is not going to re-prosecute your son. Even though the case was overturned (which is rare) that doesn't mean that Texas can't try again. These are two different issues.

You have a bunch of questions here: Let me take them in order you present them:

1. Can your son be compensated for a wrongful conviction?

Generally yes in most states. Contact the Texas office for the appellate defender or a private criminal defense attorney's office for further detailed information on the mechanics of presenting suit or a claim under state or federal law (typically known as a section 1983 claim).

2. What is his recourse?

The legal recourse for the damage to his reputation and loss of his liberty is a possible money judgment which I acknowledge is a poor substitute.

3. Is there grandparent visitation rights?

Yes, you may petition a court to allow visitation however the actions to accomplish visitation are complex.

In 2000, in the case of "Troxel v Granville", the Supreme Court of the United States decided that the law of the land does not exactly or automatically provide a 3rd party or a grandparent visitation rights and that state law must meet certain conditions before allowing a judgment to afford grandparents visitation. The circumstances under which grandparents could seek visitation time, and the amount of grandparenting time granted varied from state to state.

The Court in Troxel made clear (despite a plurality opinion (no consensus opinion) that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional.   While there can be significant divergence of opinion with regard to what Troxel means, many lawyers believe that it requires that most statutes created or amended after Troxel (decided in 2000) will require first that there be some form of break in the parent-child relationship and that the grandparents provide "clear and convincing evidence" that grandparent visitation is in the best interests of the grandchild.
NACDL LIFE MEMBER, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 91
Experience: 15 years trial attorney, over 60 federal, state and military jury trials, over 3000 cases defended
NACDL LIFE MEMBER and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
NACDL LIFE MEMBER
NACDL LIFE MEMBER
18 Satisfied Customers
15 years trial attorney, over 60 federal, state and military jury trials, over 3000 cases defended