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In 2005 and five my 16 y/o Son sexually assaulted my Daughter.

He was arrested, admitted his...
In 2005 and five my 16 y/o Son sexually assaulted my Daughter. He was arrested, admitted his guilt and was sent do Juvenile. While there he graduated high school, Received top marks in all of the therapy/counseling coursesand became a menber of the state fire fighting team. He did so well that he was sent to a half way home and continued his treatment where he still received top marks. Made amends with his Sister, They are now best of friends. And lastly placed on parole.
A few years later he received a letter from the court stating that they needed to update his address. (Please note that they Mailed it to him) when we arrived they admiralty arrested him and charged him failure to register his address. I know this to be an error because I drive him to the court hours myself when he moved but they did not have time to find the paperwork down in archives nor would they before his court appearance . The DA without anyone else present informed my son that if he contested it The DA will strive to place him back in adult prison. However if he pleaded guilty all he would have to was pay a fine, time served and he could go free. It didn’t even affect his parole.
The problem now is he is charged as an adult offender which carries a lift time sentence. He lost his job as a truck driver due to insurance reasons and now is unable to find work. He is planning to return to school to get he’s degree but afraid that even then he will not be able to find a decent job.
I have been advised that with the right paperwork and endorsements form counselors and parole board as such. The failure to provide a change of address charges can be dropped and his juvenile record could be closed.
Thank You

William F Donohue [email protected]
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Answered in 15 minutes by:
6/27/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,091
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If he was not guilty of the failure to register and he had proof of the fact he did try to register or did register his address as required, then he should have never pled guilty. Unfortunately, once he did plead guilty based on the pressure from the DA, he severely limited his rights and options.

He will now need letters of support from his counselors and the probation/parole officer regarding his compliance. He will also need letters from community leaders and his sister explaining that he has changed and that he is a productive member of society. He can present this evidence to the court in a motion for post conviction relief as a youthful offender and ask the court to vacate the plea and dismiss the charges based on his compliance and his record since his arrest. The court has sole discretion in these matters and while they do not agree to this often, when the defendant shows a complete change as you are saying your son can show, they do exercise their discretion and vacate.

Of course, once you get the documentation together, you will need to get him an attorney to file, but if the documentation paints as good of a picture of your son as you say, then the courts with youthful offenders are a bit more lenient in these cases.



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Law Educator, Esq.
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