Legal Question in Criminal Law in Florida

our attorney said jury will convict my husband because he is from another countr

my husband was arrested for an accusation of molestation of a girl under 18. it was a capitol charge and faceing a 'life term in prison sentence.' in naples florida. my husband is of pakistani desent, an american citizen and has been married to me, american citizen, since 1988 of october. he held a respectable job for over 11 years with the same company and was known respectably in the community.

this happened in sept. of 2001 last year.

our attorney said that , ''the jury will convict you souly because you are from pakistan'' we said, ''but there is no evidence brought to the judge'', although the police took some playboy & penthouse mags. from our house. (they were not going to be used for evidence) he told my husband and i ''that no matter what, there is no evidence, you should plea, because a jury will believe the young over you being a pakistani guy'' so we (he)plead guilty of the charge and agreed to leave the country.

can we sue for discrimination??


Asked on 1/16/02, 7:03 am

2 Answers from Attorneys

Joel Cohen Joel M. Cohen,P.A.

Re: our attorney said jury will convict my husband because he is from another co

No one discriminated against you.

This sounds like a plea arrangment that likely saved your husband from a lengthy prison sentence.

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Answered on 1/16/02, 11:27 pm
Dan Akes C. Daniel Akes, Attorney at Law

Re: our attorney said jury will convict my husband because he is from another co

Your attorney was simply advising you of what he considered the likely outcome. I assume the girl had said that the incident happened. If she testified that way at trial that would be evidence sufficient for a jury to find him guilty. Your husband's lawyer would be able to question prospective members of the jury to try and excuse any who might let their prejudices interfere with their verdict. However, it is very difficult to weed these people out. Furthermore, there is a natural tendency in most cases to believe a young girl who has no reason to make up the story over a man who has a reason to deny it. Obviously, I don't know any of the circumstances of your case, but your lawyer does. I don't see any claim for discrimination against anyone.

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Answered on 1/16/02, 10:43 am


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