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My son was convicted of "attempted sexual battery" for supposedly brushing against a guard while incarcerated in a State Detention Center in Georgia. I've looked at the law on-line, and it appears that the maximum sentence, if convicted, was 1 year in a Detention Center. Instead, my son was convicted and sentenced to 5 years in a medium security PRISON and 5 years probation after that--in addition, of course, of being permanently on the offenders list, never being able to vote; AND never being able to get a job or a place to live. How do I go about getting this whole thing appealed--the charge, the sentence, the forever listing as a sex offender? He is NOT--merely of marginal intelligence, and blind in one eye, plus seizures and a bad ankle. He is currently being fed very little, not given his anti-seizure medication, and I can't find him anyplace to live when paroled. (because of all the above) Handled by a public defender originally.

Submitted: 413 days and 3 hours ago.

Category: Criminal Law

Value: $15

Status: CLOSED

Round O, South Carolina

Already Tried:
I spoke to the Clerk of Court where he was tried--got the price for a transcript of the trial. Haven't gotten it yet. Spoke to another guard at the Detention Center--she said she witnessed it, and he did NOT purposely brush against the woman who complained. He either had a balance problem, or tripped, or stumbled. He DID brush a shoulder against her breast. The guard would not give her name. Since he is blind in his left eye, and has 20/200 in the other close up--he has had problems with his inner ear and balance all his life. He was hit by a car when he was 11, damaged his parathyroid gland, and broke his ankle. Seizures, inability to utilize calcium, and pins in his ankle that were supposed to be removed about 15 years ago and weren't--may have contributed. David was due to get out after serving his one year sentence within a couple of weeks when this charge was leveled. (he wrote a bad check, and stole a coat out of a Goodwill box--he was living on the street, I didn't know where he was). His IQ was about 99--the seizures may have lowered that.

Accepted Answer

You would need to file an appeal of the conviction and/or a motion for post conviction relief. You will have to ask the court to appoint an attorney, since the public defenders do not normally handle appeals. If there is evidence that the contact was accidental, then there is no way he should have been convicted of this charge and part of your argument should be "ineffective assistance of counsel." You will need the trial transcript before proceeding on this matter and would have to take it to an attorney for review. Since your son is disabled, there are many groups and organizations out there who provide free legal services to persons in his situation and you can start looking for those groups by calling your state agency for persons with disabilities and the state bar association and asking about the pro bono programs in your area (aside from legal aid) or about the pro bono attorneys they have registered with the bar to provide free legal assistance.

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Accepts:
Expert:	PaulMJD
Pos. Feedback:	99.5 %
Answered:	10/6/2008

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Attorney with over 20 years law enforcement experience

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