Legal Question in Criminal Law in Colorado

Can anything be done.

My boyfriend Jason was arrested when he was thirteen and charged with rape of his Friend Christopher Guvas. However they did not commit intercourse and there are no fluids of physical evidence proving they did. Both of them had consented to anal sex but never went through with it. Jason was arrested and taken into interrogation. Jason had requested nine times that the interrogation stop but it never did. After that he was told he would lose the case and go to jail unless he plead guilty to showing porn to a minor. No adult was in the room with jason aside from the detective at the time of the interrogation. I think this is illegal and i think because christophers father was a cop this was allowed to go unchecked. I also believe that something is wrong because the case was not thrown out AFTER the tape was reviewed and the requests for the interrogation to end were counted off by the judge herself. Jason accepted the plea and is now on probation, but i think somthing is wrong. he had to attend therapy which should have only lasted for 18 months but has gone on for 30. please is there anything that can be done, he accepted the plea but i believe he has ben dealt with illegally. can we fix this some how? he turns 18 in november.


Asked on 6/11/09, 12:00 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Can anything be done.

It is difficult to overturn a plea. But, it can be done. The way to do it is to file a motion under CRCrimP 35(c) alleging that defense attorney was ineffective or that there is some other problem with the plea.

Read more
Answered on 6/11/09, 4:38 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado