Legal Question in Criminal Law in Kentucky

falsely accused

my brother was arrested last for 5 counts of sexual abuse to 2 minor children under the ages of 12. this has been supposedly going on for years, with the mother knowing about it, and still leaving the children in his care so that she could work and go on trips. This was not reported until now, and not by the mother, but the grandmother. I have 2 witnesses that can prove, that they were told by the cildren and the mother that he really did not do anything. My qusetion is that, he plea bargained, because he was scared into it by his court appointed attorney, can this be undone and how. he does not have any money since he has been in there for a year, and the attorneys here was asking a fortune, saying they can get him off if we had 5,000 or more. I know that many people do these horrible things to children, and say that they didnt. but I have witnesses and other things that can help clear him. and if she supposedly knew about this can the mother be charged for child endangerment or something. I have an article in the paper about another women who knew that here father-in-law was molesting her 2 girls and she was charged on several accounts. I want too know how to go about it, if i can file the papers myself and to whom.


Asked on 11/24/04, 12:39 pm

2 Answers from Attorneys
A Woodson Pulliam Pulliam Law Office

Re: falsely accused

No, this is not entrapment. Trafficking in 8 oz. or more of marijuana is a felony. Possession of 8 oz. or more indicates intent to sell the marijuana. I don't know the undercover officer's rationale, however, a felony has no statute of limitations. Charges may be brought at at any time. Perhaps the undercover officer was going to attempt another buy and then present it all to the Grand Jury.

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Answered on 11/24/04, 1:17 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: falsely accused

The Court appointed attorneys are usually competent because that is all that they do. Usually, the attorney must deal with the facts that are available at the time. From what you say, this new evidence has now turned up. Go to the Public Advocate office that handled his case and tell them about the information. They have more resources than you. I have reservations about someone who guarantees relief from a criminal problem in exchange for a certain amount of money.

$2,500 to $5,000 is not an uncommon fee however there should be no promise to "get him off". Sometimes the facts do not work that way. The only promise that you should receive is that your attorney will represent you to the best of his ability. There are remedies. The Public Advocacy Office is adept at post-judgment relief. Who do you think handles the vast majority of criminal appeals in this country? Don't be turned off by the idea that they are court-appointed. This becomes personal with most of them. That is why they chose to represent indigent clients. They like what they do and are not doing it just because they cannot find a job elsewhere.

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Answered on 11/24/04, 4:03 pm


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