Thursday, August 19, 2010

Statutory Rape - Need Legal Advice - Not Opinions?

In 2006, I was seeing a 21 year old. I was 13 at the time. He got locked up and charged with statutory rape in March of this year. He took the plea, so he ended up with 13 years of probation and a restraining order.


During the time that he was waiting to be sentenced, we continued to talk, and I'm now 16 and pregnant - due in 19 days.


Now, my friends brother is a cop, and he says that we can make all the new charges go away by hiring a lawyer, getting the restraining order lifted, and having my parents consent to us getting married.


But how would I get the judge to agree to lift the restraining order when his probation says that he's not allowed to talk to me at all? And will this ';plan'; even work?Statutory Rape - Need Legal Advice - Not Opinions?
You have been given bad advice. Once adjudicated, the sentence can only be vacated by the sentencing judge or a judge from a higher court through the appeals process. The sentence can be commuted or pardoned by the governor or the President of the US. None of this is going to happen, short of a successful appeal, BUT because he accepted a plea, he may be ineligible for appeal. Would depend on your state, but there is usually a statute of limitations of one year.





The likelihood of a successful appeal in a case like this or any other action that would remove the obstacles in your way are, well, astronomical. You have better odds of winning the lottery, while getting struck by lightening and being eaten by a shark, ALL AT THE SAME TIME. It just will not happen.





The best you can do is wait until you are 18, (that will make him what 26?), move out of state, have him apply to have his case transferred to the same state (I recommend Vermont-they have the most liberal laws), and start all over. The likelihood of success with that is even remote though.Statutory Rape - Need Legal Advice - Not Opinions?
well im sorry to hear about that but still you shouldnt be doing that with a 21 yr old anyways thats besides the point before you go to court get your parents consent to you two getting married and have them testify to the judge and also play the part of you wanting your child to be able to know its father and beg and plea you hind end off

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