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Wrongfully accused sex offender
Anonymous7 views2 answers
Offense/Statute: Unlawful Sexual Conduct With A Minor in the state of Ohio served approximately 1 year 4 months in a correctional facility and given 5 years probation. Court determined to be a Sexually Violent Predator in the state of Ohio. Date Convicted: 17 December 2003. The girl who was doing the accusing wants to write a letter saying it's not true. What would happen?
Attorney DiMartino is right. You will need an aggressive lawyer to assert your rights in a post-conviction relief petition. Local attorneys are often in bad positions to do so as they often do not want to muddy the waters. A post-conviction relief petition in this type of case is akin to accusing the police and prosecutors of lying and intentionally covering up their lies.
I suggest you look outside the county and surrounding counties for an attorney willing to go to all legal lengths available to clear your name. Sex offender registration, as you know, has debilitating consequences in a variety of life area.
Feel free to contact my firm for a free consultation. www.TheLawOfficeofBrianJones.com.
The short answer is not too much will happen if the complainant/"victim" wrote such a letter. What is really needed is for that girl to first be interviewed by the defense lawyer who either represented the offender originally OR the lawyer who is hired to present a post-conviction relief (" PCR") petition. Once that happens and all the questions are answered about why the girl lied, the next step would be preparing her for follow up interrogations by the police and Prosecutor which will probably rival the Spanish Inquisitions! Then the lawyer would prepare an affidavit for the girl to sign under oath, attach it to the PCR Petition, and then wait for the Hearing. Please don't be fooled into thinking that just because the complainant/"victim" has a change of heart that the conviction will magically be reversed! In fact, what will likely happen is that the police and Prosecutor will probably threaten the girl, the offender, and maybe even the lawyer with all sorts of horrendous charges for daring to even file the PCR Petition! Either way, retain a competent, agggressive, and experienced lawyer for this PCR Petition. Good luck to you in this effort.
Attu. Dennis A. DiMartino
Youngstown, OH