Sex Crimes, Sex Offenders Post Conviction Relief-Plead "no contest"

[MsArnold]

Greetings,

A good friend of my pleaded no contest to a charge of Criminal sexual conduct in the fourth degree (a misdemeanor). He maintains his innocence and said he only pleaded guilty because he was told he wouldn't spend any additional time in prison, which was untrue. He was already serving his sentence and was being treated badly by the inmates and prison staff due to the fact that he was classifed as a sex offender.

The girl who claimed she was abused had since told her mother that she lied. Her reasons were because she didn't like the defendant (who at the time was her mother's boyfriend) and wanted him out of the house.

Is there any recourse for my friend? Can he pursue some kind of post conviction relief even though he pleaded nolo contendre?

I think it's terrible that he has to report himself as a sex offender and be listed in sex offender databases with real predators.

Thank you in advance for any assistance you can provide.

 

[jacksgal]

Since you had a seperate question from the issue you posted on. I moved your question to its own thread

 

[army judge]

Greetings,

A good friend of my pleaded no contest to a charge of Criminal sexual conduct in the fourth degree (a misdemeanor). He maintains his innocence and said he only pleaded guilty because he was told he wouldn't spend any additional time in prison, which was untrue. He was already serving his sentence and was being treated badly by the inmates and prison staff due to the fact that he was classifed as a sex offender.

The girl who claimed she was abused had since told her mother that she lied. Her reasons were because she didn't like the defendant (who at the time was her mother's boyfriend) and wanted him out of the house.

Is there any recourse for my friend? Can he pursue some kind of post conviction relief even though he pleaded nolo contendre?

I think it's terrible that he has to report himself as a sex offender and be listed in sex offender databases with real predators.

Thank you in advance for any assistance you can provide.

Yes, if the alleged victim is recanting her testimony and now claiming she perjured herself, he has the right to petition the court for a new trial.

His conviction can potentially be reversed.

It won't be easy, but it is possible.

He can contact a local attorney and see if one will represent him.

There might be a local prisoner's rights organization that will help him by providing a lawyer.

If there are any nearby law schools, their legal clinic could offer to help.

He could ask the alleged victim and her mother to contact the local DA (or police agency) who prosecuted this case.

They would then inform the DA that the girl now wishes to recant her testimony.

The DA would take it from there.

He will not be able to do this without assistance of counsel.

It is very, very difficult to get a conviction reversed.

But, it appears this is one of those exceptions.

Until his conviction is revered, he would be wise to comply with all sanctions previously imposed.

One more thing, the alleged victim, will probably face some criminal penalties for concocting this lie.

She might want to consult with a local attorney.

If this gets reversed, she'll probably be in some very hot water!!!

 

[MsArnold]

Thank you very much. I'll get right to researching attorney's in Michigan and University of Michigan does have a law clinic that I might try.