Legal Question in Criminal Law in Alabama

next step

Son was sentenced in plea bargain to 3 years on rape and 2nd count 5 years with this to run consecutive. Lawyer said take the deal. Son was a police officer and accused of custodial misconduct. He said he did custodial misconduct but did not have sex. No Dna hospital reports ect was done. Only the women interviewed were told they would recieve money if filing. Two claimed rape. Civil case was arbutraited without my son or his attorney involvement and they got money after this lawyer said just plea since every one will see nothing but the money payout.

Several things are questionable but no one cared. What should we do no he has been in prison 7 months.


Asked on 2/22/09, 3:04 pm

1 Answer from Attorneys
David Hogg David K. Hogg, LLC

Re: next step

If your son feels like he got bad advice he should have a lawyer file a Rule 32 petition, alleging ineffective assistance of counsel by his first lawyer. The judge will hold a hearing. If he agrees, your son's conviction will be set aside and he will go to trial on the original charges.

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Answered on 2/22/09, 6:48 pm


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