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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3152
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My father in law was brought in in what he believed to be a

Customer Question

My father in law was brought in for questioning in what he believed to be a paternity issue. He was honest and volunteered for a DNA test. Based on the results, he was charged with rape of a child. It was consensual but the offense occurred in 1973 and (in Virginia) there was no statutory law in place. Fast forward to 2015. Last week he was sentenced to 40 years in prison. Does the fact that he is illiterate negate the substance of his admission? He doesn't have the mental capability to have understood the ramifications of discussing the issue with a detective with out legal representation. Is there anything that can be done?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good evening. Did you father have to sign anything? When he was contacted, do you know why or did he think it was odd that the police were questioning him about paternity? Was he represented by legal counsel during the case? I am just trying to get an idea if this came up and what his attorney said?