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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34996
Experience:  16 yrs. of experience including criminal law.
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I have a friend who was convicted of INDECENT LIBERTIES WITH

Resolved Question:

I have a friend who was convicted of INDECENT LIBERTIES WITH CHILD BY CUSTODIAN and AGGRAVATED SEXUAL BATTERY against his previous step-daughters 6 years ago. They have now come forth and confessed that this things didn't happen and that he is innocent and want to clear his name. They were told to lie by their mother. They live with their grandparents and all of them want to correct this situation. This happened in VA. The court was contacted and they were informed that a prosecuting attorney has to be assigned to the case since the one who was originally on the case isn't there any longer. It's been a few weeks and they have not heard anything. What process or procedure should be taken to get the ball moving on this to get the case reopened?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
Can you tell me what state this is in and are you (or is your friend) working with an attorney?

Customer: replied 8 years ago.

This happened in Virginia. No he is not working with a lawyer. The ex-wifes parents were the one who who contacted hampton courts and informed them of his innocence and that's when they told them they would have to assign a prosecutor to the case and that someone will contact them when this is done. They are still waiting and don't know what to do from here.

Expert:  P. Simmons replied 8 years ago.

He needs an attorney. If there is credible evidence this crime was never committed, he will need to bring this up as a motion before the court. Telling the state is fine...but I suspect they are not in a hurry to resolve this. Much better to file a motion with the court to demand action.

If he can afford an attorney, have him retain one and start the process.   If not, try here

Again, waiting for the prosecutors office may take forever. To move this along you need to file with the courts. And for that, you need an attorney.

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Customer: replied 8 years ago.
Yes, the evidence are the teenagers themselves. There was never any DNA evidence just their word against his and he pleaded not guilty to the charges. With this conviction on his record he was dismissed from his state job and has had to take a much lower paying job. He doesn't have a lot of money to pay for a lawyer. Do the Virginia legal aid society handle these type of cases.