Can you appeal a 10 year old juvenile criminal sexual conduct conviction?

This is a discussion on Can you appeal a 10 year old juvenile criminal sexual conduct conviction? within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; My boyfriend was convicted of CSC in the 5th degree (unwanted touching over the clothing) as a juvenile. He was 12 years old; the victim was his sister. She claimed ...

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  1. #1
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    Can you appeal a 10 year old juvenile criminal sexual conduct conviction?

    My boyfriend was convicted of CSC in the 5th degree (unwanted touching over the clothing) as a juvenile. He was 12 years old; the victim was his sister. She claimed that he had given her "titty twisters" and smacked her on the butt. He was removed from his home, taken to a lock-up facility where they questioned him about the abuse. He passed two lie-detector tests. He also underwent family therapy in which his sister recanted her accusations and stated that her brother never was sexually inappropriate towards her. He was advised to plead guilty to gain a quicker release home. Instead he was sent into foster care/group home(s) for the remainder of his childhood. He is required to register as a sex offender. He was given 10 years of probation, which ends in 2 weeks. Last week, over the 4th of July, he was charged with disorderly conduct. He was arrested at my house. He is registered as a resident at his moms apartment. He stays at my house some nights, although he has not registered my home as a residence. He received a call from a detective this morning threatening him with 1 year in prison for violating his probation, and another 5 years as a registered sex offender. Can he be charged with violating his probation for not registering my home as a place that he frequents? Can he appeal this charge? Can he also appeal the conviction from 10 years ago? He was a child, with no parental interest, and he did not commit the offense. Can his sister testify as an adult that the abuse never took place?


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    What state are you located in? It's important to know that a family lawyer or criminal defense lawyer from one of the 50 states needs to be from your particular state in order to give you the best legal advice on the subject.

    But also, let me understand here. It sounds like your boyfriend is 22 just about? Or Just about 23? Without practicing in your state, it would seem that following ten years, it's probably a bit of a stretch that your boyfriend will be able to successfully overturn the former case now. But he should certainly make sure that a review is done if it's available.

    The main thing that I can tell you is that I am cannot tell you enough that you and he should consult very carefully with an experienced attorney in your local area. Find out from this attorney whether he can have an old conviction overturned in this way.

    One more very important note: Where this occurred when he was 12 years of age, the records regarding that conviction must normally become a permanently sealed case. So that record of him as a juvenile should be permanently sealed and really shouldn't be on his record at all. Once again fine a good lawyer in your local area and find out for sure whether what I've said holds true in your area. Once you let me know what state, I'll be able to help a bit more.

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    Thank you. I am in Minnesota, sorry I didn't say that in my post. My boyfriend will be 24 this year. He was close to 13 when he was called into the office at school one day, and there were several officers waiting for him. They waited until school was out and took him out the back. That was the last time he went to school there. He spent weeks in a lock-up facility. I'm not certain why he was there so long. When all was said and done, it was 2002. He graduated in 2007, the year he was released from foster care. He has resided with his mom since. He is not on her lease as he sleeps on the couch, and that is being used as grounds for the violation of probation.Can they do that? If there is no proof that he hasn't been there, but no proof that he has, does that automatically make hi guilty?

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    You really need to get a good Minnesota criminal defense lawyer. We've got thousands of them listed here on legalhelp.org and you can just search one up and call them, or just google one, or there's probably some ads showing up here on this page about a local attorney with whom you could talk right now.

    This one is not going to go away unless you deal with it, and if it's possible for his record to be expunged or sealed or whatever, that is something that a local criminal defense lawyer is going to be able to tell you. People wonder all the time, Can I get my record expunged from when I was underage? The answer is, it depends, and you really need to get a good lawyer to find out. For example, an underage drinking charge can be expunged automatically in many instances. If he's not sure he can afford it, there are other options, but he's got to become his own advocate and you guys really should get some solid local legal advice.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

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    hailkatya, I'd like to say good luck, and if you have any update, I would be very interested in hearing how your boyfriend's case went... I hope it went well. I heard of a couple who got married when the boy was 20 and the girl 18. It was just a few days after her 18th birthday, and when the boy was 19, and the girl 17, just literally not long before that, the boy had been convicted of a sex offense for being involved with the girl. While I don't condone anyone being involved with someone before marriage, it certainly did not merit a sex offense conviction. It was literally because of the parents that they pushed for this. The couple has now been married for 20 years and yet he still has this sex offender registry that he must fulfill. It is a shame that the system is sometimes abused in these ways. So I wish you the best of luck with this!


 

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