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Appeals

Criminal Law Discussion Forum

Appeals

Postby Paolo » Tue Nov 29, 2016 1:57 pm

My brother in law was recently convicted of indecent liberties with a minor in North Carolina. He had sex with a 14yr old whom at the time he believed was 18yrs old bcause that is what he was lead to believe by her and her mother. The mother actually had set the 2 of them up. I feel that he was wrongly convicted of this. Yes he did have sex with her, but it was solely on the grounds of the age she had lead him to believe, and the fact that her mother wanted the 2 of them together. He is facing 19 to 24 months by taking the plea bargain, is there any way that this could be tried now? What would be the chances of him getting a lesser sentence? Shouldn't the mother be charged with something?  
Paolo
 
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Joined: Mon Jan 13, 2014 11:17 am

Appeals

Postby chokichi » Tue Nov 29, 2016 10:09 pm

Dear S.,     "is there any way that this could be tried now?"      Only if the judge grants a motion to withdraw the plea before sentencing.  That likely won't happen while he is represented by the attorney who negotiated the plea.     "What would be the chances of him getting a lesser sentence?"      Practically nonexistent.  You should be aware that 19 to 24 months is an extremely light sentence these days for sex with a minor.     "Shouldn't the mother be charged with something?'     It's up to the D.A. to decide who to charge and it's clear he/she has already decided who to charge in this case.

Yours,

Tim Provis

Cal. Bar No. 104800

Wis. Bar No. 1020123

[email protected]  
chokichi
 
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Appeals

Postby Hubert » Thu Dec 01, 2016 7:33 am

My brother in law was recently convicted of indecent liberties with a minor in North Carolina. He had sex with a 14yr old whom at the time he believed was 18yrs old bcause that is what he was lead to believe by her and her mother. The mother actually had set the 2 of them up. I feel that he was wrongly convicted of this. Yes he did have sex with her, but it was solely on the grounds of the age she had lead him to believe, and the fact that her mother wanted the 2 of them together. He is facing 19 to 24 months by taking the plea bargain, is there any way that this could be tried now? What would be the chances of him getting a lesser sentence? Shouldn't the mother be charged with something?  
Hubert
 
Posts: 53
Joined: Mon Jan 06, 2014 9:28 am


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