Legal Question in Criminal Law in New Jersey
Can A Plea be reversed
6 months ago my son took a Plea,lesser charge of child abuse rather then a Molestaion charge. I was not in agreement and filed a letter to the Judge.My son's Lawyer manipulated the crap out of him. He is currently in counseling and at times very depressed. I fought to the very end of the court doors with the Lawyer, he threaten me and said he didn't repersent me. He also Threaten my husband for more money when we paid him in full,way before the day my son took the PLEA.I never wintess my son take the Plea, I always knew he was innocent. Well, now on probation for 6 more months, my nieghbor who filed the charges against my son has had a change of heart. He apologized to me and said he believes his drug addicted wife set my kid up. That's what I thought from the start.This mans wife has been arrested for crack cocaine and arrested for violating a court order for trying to see her children in Nov 2004.I worked with profesionals to try and expose the Mothers negelct and addiction.It was worth the risk. Now the truth is coming out, and I want the Judge to be made aware of this new Chapter in this case.Is it at all possible the charges can be reversed? Is it to late? What in Gods name can I do to save my 16 year old son?
2 Answers from Attorneys
Re: Can A Plea be reversed
There are a number of other questions that need to be answered before I can give you a full answer to your question. First of all, since your son was 16, was he tried as a juvenile or as an adult? If he was tried as an adult then you may not have had the right to get actively involved in your son's case. If he was treated as a juvenile then you should have been in court with him every time he went, especially for the plea, since that is when he has to admit what he did. Next, were you allowed to discuss with your son's lawyer the evidence that was presented against your son? Maybe if you had seen it your view on what happened may have been different. If I had been your son's lawyer and he was being tried as a juvenile I would have given you full access to your son's case file. Juvenile cases are not even heard in the criminal court - they are heard in the family court because it is believed that juvenile's deserve a higher level of protection by the courts. Also, was your son advised of his right to appeal at the time he was sentenced? Were you even there when he was sentenced? If your son disagreed with what was happening and felt he was forced into pleading guilty then he had 45 days to appeal the conviction and/or sentence after the day he was sentenced. Even if it is too late to file a regular appeal, he may stillhave the right to another kind of appeal called a Post-Conviction Relief Petition. This is a relatively rare kind of appeal and it has a lot of restrictions on it, but it may be applicable to your son's case. In other words, there may still be some hope for getting your son's conviction and sentence reversed. I would need to see all of the evidence in the case before I could make a full decision on this, however. I am an attorney who has handled many cases similar to your son's in various courts throughout New Jersey in the past. Please call me at 908-272-0111 if you would like to discuss your son's case further. There is never any charge for simply talking to me. Thank you.
Sincerely yours, -Ronald Aronds, Esq.
www.njworkerscompensationlaw.com
Re: Can A Plea be reversed
It is possible to reverse what has happened. Your neighbor will have to stand up for your son in court. On the other hand retracting a guilty plea is not automatic; the judge has to be convinced of the truthfullness of the assertions made in your son's application to retract his guilty plea.
You need more specific legal advice based on the attorney you consult with having all the information relating to your son's case.
You also need an experienced criminal lawyer who has a good reputation. You can find an experience lawyer in your area by looking on www.lawyers.com.
You could contact me, but I do not expect you to travel to Bergen County for an attorney when there are plenty of lawyers in your county.
Good luck.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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