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 Hammer O'Justice Your Own Question

Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3970
Experience:  9 years legal experience, primarily in criminal justice
Type Your Criminal Law Question Here...
Hammer O'Justice is online now
A new question is answered every 9 seconds

CAN THIS WRONGFULL CONVICTION BE OVERTURNED

Resolved Question:

HE WAS WRONGFULLY ACCUSED OF STAUTORY RAPE WITH NO EVIDENCE TO BACK GIRLS STATEMENT INITIAL CHARGES WERE CHILD MOLESTATION,SODOMY WHICH WERE DISMISSED AFTER HE WAS MADE TO PLEA OUT AND PLEAD GUILTY TO STATUTORY RAPE, SHEWAS VERY SEXUALLY ACTIVE AND HAD BEEN PREVIOUSLY IN TROUBLE HERSELF.THE SO CALLED VICTIM PREVIOUS SEXUAL HISTORY AND LIFESTYLE OF HER OR HER SWINGER PARENTS WAS NOT ALLOWED TO BE PRESENTED.HE HAS CHILDREN OF HIS OWN IN WHICH HE HAS NOT BEEN ALLOWED TO SEE IN 5 YEARS CAN NOT EVEN HAVE PICTURES OF THEM . HE WAS ARRESTED MADE TO PLEA GUILTY AND SENTENCED ALL IN THE MATTER OF 82 DAYS. THE GIRL WAS 15 HE WAS 26. HE HAS HAD HIS WHOLE LIFE RIPPED FROM HIM AT THE HANDS OF AN INCOMPETANT ATTORNEY AND A DISCREDIBLE TEENAGER. I BELEIVE IF SOMEONE WITH ENOUGH KNOWLEDGE OF LAW WOULD LOOK AT THIS CASE THEY COULD SEE THAT THERE IS A LOT OF CONSPIRACY AND WRONG DOING THAT HAS BEEN DONE HERE. HE HAS BEEN DENIED HIS RIGHTS TO EFFECTIVE COUNSEL, HIS RIGHT TO COMPLETE DISCOVERY AND SEVERAL OTHER MATTERS THAT DENY HIS CONSTITUTIONAL RIGHTS HIS ATTORNEY DID NOTHING IN HIS DEFENSE WAS PAID AND TOLD HIS CLIENT (MY FRIEND) THAT IF HE DID NOT PLEA OUT HE WOULD SERVE SIXTY YEARS IN PRISON FOR SOMETHING HE DID NOT DO AND NO EVIDENCE TO BACK CHARGES OTHER THAN THE SO CALLED VICTIMS STATEMENT WHICH WAS ORIGINALLY COERSED BY HER STEPDAD. IN ORIGINAL REPORT OFFICER QUESTIONING GIRL WAS ASKING HER WHAT HAPPENED AND INSTEAD OF HER ANSWERING FIRST HER STEPDAD ANSWERED THE OFFICERS QUESTIONS IN FRONT OF HER THEN SHE SAID WHAT HE DID. PLEASE CAN YOU HELP THERE IS SO MUCH MORE TO TELL. SEEMS THAT PEOPLE WANT TO HELP UNTIL THEY DISCOVER THE COUNTY WE LIVE IN AND THE PEOPLE THEY HAVE TO GO UP AGAINST BECAUSE SO MUCH WRONG DOING HAS BEEN DONE IN THIS TOWN IN GEORGIA FOR SO LONG GOOD PEOPLE GET HURT.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.

Hello.

 

Because he pled guilty, he has little recourse. He voluntarily gave up most of his rights by deciding to plead guilty. I'm assuming at this time it is too late to file an appeal. At this point, he can try to file a post-conviction petition alleging ineffective assistance of counsel that would get him a new trial.

 

Just so you know, however, counsel is not ineffective because the information about the victim's sexual history was not brought up. That is absolutely NOT admissible in court during a rape trial. The issue is whether he had sex with an underage girl. Period. She could have slept with 500 other guys, and it doesn't have any relevance to whether this individual had prohibited sexual contact with a minor. So if that is what you are basing your belief that his conviction should be overturned on, he is not going to prevail on that argument.

 

But if he has other grounds, I would go the post-conviction petition route.

Customer: replied 5 years ago.
I KNOW THAT HER HISTORY CAN NOT BE BROUGHT UP I READ THE STATUE ON THAT,BUT THE INEFFECTIVENESS OF COUNSEL I MEANT WAS THAT HIS ATTORNEY DID NOT EVEN GO TO 1ST HEARING AND NEVER PRESENTED ANYTHING IN HIS DEFENSE. I KNOW THAT THERE HAS TO BE TEST RESULTS FROM RAPE KIT AND OTHER ITEMS THEY TOOK FROM THE GIRLS HOME BUTTHEY WERE NEVER REQUESTED FROM PROSECUTOR AND NEVER PRESENTED BY PROSECUTOR. I ALSO DO BELEIVE THAT THE ALLEGED VICTIM WAS POSSIBLY HAVING RELATIONS WITH HER STEPDAD AND THAT SOMETHING AROSE PHYSICALLY DAMAGING AND THAT THEY HAD TO COME UP WITH PLAN TO HAVE SOMEONE ELSE TO BLAIM TO KEEP STEPDAD OUT OF TROUBLE AND GIRL NEEDED TO GO TO HOSPITAL AND HAD TO HAVE SOMEONE TO BLAME. THERE WAS NO EVIDENCE TO PROVE THAT MY FRIEND HAD ANY KIND OF SEX WITH THE GIRL OTHER THAN HER STATEMENT. MY FRIEND ALSO HAD PROOF OF WHERE THE STEPDAD HAD BEEN CALLING HIM ALL DAY THAT DAY TRYING TO GET HIM TO COME OVER INVITING HIM TO COME OVER TO THERE HOUSE. FINALLY HE DID AND THATS WHEN HE WAS ARRESTED. DO YOU THINK BASED ON THIS REPLY THAT HE STANDS A CHANCE IN COURT WHEN THERE WAS NEVER ANY EVIDENCE TO CONVICT.OH YEAH ONE MORE THING HE WAS GIVEN 1ST OFFENDERS AND AGREEMENT BETWEEN HIM AND JUDGE WAS THAT HE DID NOT HAVE TO REGISTER AND AFTER 1 YEAR AND 4 MONTHS AFTER SENTENCING PROBATION OFFICER GOT HIS 1ST OFFENDERS REVOKED FOR FAILURE TO REGISTER WHEN HE WAS NT REQUIRED TO BUT ORIGINAL JUDGE HAD RETIRED AND THE FORM THAT AGREEMENT WAS ON MYSTERIOUSLY DISAPPEARED , ONE MORE KICKER TO THIS HORRIBLE STORY HIS PO IS ALSO HIS EX WIFES BEST FRIEND AND HAS HAD NOTHING BUT TROUBLE WITH HIM SINCE DAY ONE I DO BELEIVE THAT WOULD BE CALLED A CONFLICT OF INTEREST IN CONSIDERING HOW HE HAS BEEN TREATED BY PO PLEASE ANYTHING WOULD HELP AT THIS POINT THANKYOU MOST SINCERELY!!!!
Expert:  Hammer O'Justice replied 5 years ago.
Then I would suggest he file the post conviction petition based on ineffective assistance of counsel. It would help if he could get a lawyer to help him out (he can ask the public defender or Legal Aid if he cannot afford a lawyer), because post conviction petitions are technical and very difficult for a layman to write effectively. If his counsel was truly ineffective based on what is required by the Constitution, he can get a new trial.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3970
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 4 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.