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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23581
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I ****** would like to ask help in clear my name my youngest

Customer Question

i ****** would like to ask for your help in clear my name my youngest daughter falsely accused me of perminting sexual abuse to a child witch was her i did not i had no clue wat happend she lied on me i didnt know cause she was always sneaken out just like i had no clue she had an older boyfriend intil i was questioned by the police and when they enteragated they enteragated both of us at the same time without her dad being present we were not seprated me her had joint custody but he was her casdodion when they questioned us they waited 3 days to arrest me i sat in county for three months before they decided what they wanted to do with me when i went to court the judge didnt read none of my parties statements she already had her mind made up i was goin to prison for 4 years only had to do 3 and heather also asked my oldest daughter boyfriend if he wanted to see her private parts the judge didnt even look at his statement when they hired me a state opointed attorny and he said for me to pleade guilty and when i went to talk to the judge she told me i didnt know what i was doing and to shut the hell up witch she is retired now and when i was in prison when my youngest turned 18 she tried to come see me i rufused the 1 time the 2 time the prison warden allowed her in there and before my youngest left she made the statement dont get to excited cause im goin to be right back in there i tried going to steve wilkoes and they never returned my calls and when i did find out she was sneaken out she told me your not my boss and your not going tell me what to do
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 months ago.

Hello,

What is the question that you wish to ask with all of this?

Were you convicted at trial or did you take a plea?

Customer: replied 8 months ago.
I took a plea cause the atorny told me I should and I would like to be cleared of the charge
Expert:  Zoey_ JD replied 8 months ago.

How long ago did you take that plea? Did you ever attempt to appeal the conviction?

Customer: replied 8 months ago.
It was 3 years ago. No there was no appeal I didnt know I could
Expert:  Zoey_ JD replied 8 months ago.

I'm not going to have good news for you.

It's nearly impossible for someone to take his plea back, if he's already been sentenced and done his time for the crime. This is because judges do what they can at the time of the plea to make sure that the plea is airtight. They generally ask a handful of questions one of which is, "Are you pleading guilty because you actually are guilty?" Judges won't sign off on the plea unless they have been told by the defendant that the defendant is actually guilty of the charges,

While all of this is going on, there is a court reporter who is taking down the judge's questions and your answers. Those answers will get used against you to show that you were indeed guilty as charged, and will be used to deny your motion to overturn your conviction.

You also had a window of opportunity to file an appeal back three years ago, if you felt your lawyer didn't advise you properly. But notice would have had to be filed within 30 days of your sentencing. It is now too late to challenge your conviction on the grounds of ineffective assistance of counsel.

Illinois will not expunge or seal your conviction. The only two remaining ways to clear your name would be longshots.

The first would be to apply to the governor of your state for a pardon. A pardon would not erase your record, but the conviction would show as having been pardoned. That would be official proof that the state's highest official believes you've turned your life around. I am attaching the pardon information and instructions here.

The other option would be to hire a lawyer and see if he could get the case dismissed in the interest of justice.

A judge has the power to dismiss a conviction under principles of equity even when the law does specifically provide for that. A judge will use this power very sparingly and generally only to prevent an injustice. You would need to talk to a local criminal trial lawyer to see whether this is a viable possibility for you. The two of you would have to come up with some compelling reason that the court should ignore the statute under which you were convicted.

The DA would weigh in on this, and they would be very likely to object to the petition. If there was a complainant, he or she would be contacted and could oppose this as well. So this is not something you should try to do without a lawyer.

At this point, however, these are the only options you have left.

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