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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my 18 year old son was charged with molesting a 13 ...

Customer Question

my 18 year old son was charged with molesting a 13 year old girl. the arrested him and they found no dna on my son and there were no signs of sexual trauma to the girl. his public defender said to plead guilty to the crime because he would not have a chance to win. she told him that she had a friend with the same crime and he didnt win and she said my son would not win his case either. some of the witnesses came and saw my son and the boyfriend of the woman who owns the house this happened and he was arrested and was in the same cell block my son was and told my son that he didnt do the crime. my son pleaded guilty and is set for sentencing on 06/04, he is going on what his public defender has told him and she told him that if he went to trial he would spend the rest of his life in prison she told him that if he pleaded guilty he would only spend 6 years. my son has a brain injury and has been diagnose with a form of cerberal palsy, his pd refused 2 take medical rprt what should he do
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jane Doe Deer replied 6 years ago.

Thank you for contacting Just Answer.

Is his incapacity so bad that he would qualify for a guardianship (conservatorship)?

In what state does your son live?

 

Customer: replied 6 years ago.
Reply to Jane Doe Deer's Post: thats what we were working on before he got arrested. but right now we are stuck with whats going on in court. i dont uunderstand how the courts can accept a plea of guilty and accept this when he cannot even understand how to survive in real life how can he understand the laws of the courts
Expert:  Jane Doe Deer replied 6 years ago.

You should get a Guardian ad Litem appointed and have the report used in both the criminal and civil matters.

It's possible that your free attorney is missing some good defenses, like incapacity.

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