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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117454
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have a "special Needs " brother who was accused of lewd mo

Customer Question

I have a "special Needs " brother who was accused of lewd molestation" in 2001. no DNA evidence, verbal accusation. He has been bound over since being found incompetent multiple times. His average cognitive understanding is age 5-10 yrs. We have been back every 6 months for continuance hearings for 15 there a statute of limitations in this case. My brother is in Oklahoma. He is XXYY and will require 24/7 care due to his "special Needs" for the rest of his life. As his guardian I have made the request to move him to Ohio where he will recieve appropriate care. He has been placed in numerous facilities where he has been abused, medical care neglected.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they are not releasing him pursuant to the OS, you need to consider the next step of filing a writ of habeas corpus to the US District Court to secure his release based on that statute states his case is dismissed and he should be released and furthermore his civil rights are being violated in the facility based on the abuse that is occurring which is contrary to his 8th Amendment rights against cruel and unusual punishment.
You need to get him an attorney as soon as you can to file in court. They will also argue on the basis that he is being held longer than he would have been held had be been found guilty on the allegations and should be released on that basis as well.
You are not going to likely have any success without an attorney representing him and if his public defender refuses, you need to try to get a federal public defender to file the habeas corpus writ in federal court or hire him an attorney locally where he is located to get this before the federal court.
Based on what you are stating these are your options.