Legal Question in Criminal Law in New York

family of victim worked with judge directly, unfair trial?

My sister was a teacher who had an affair with a 16 yr old student. First time offense, she thought she was in love. They gave her 1-3 years (she's in the middle of 2 yrs now). My question is this...the boy's mother worked directly with the judge that sentenced her. Also, my sister's ex-husband's mother and father worked directly with the DA's office and had knowledge of what was going on long before the rest of us did (my ex-brother in law was always one step ahead, smiling the whole time). We even believe that my sister's first lawyer was corrupt as they had her sign some things for alcohol treatment and she didn't even realize she was signing them (she has no alcohol problem and didn't realize this was what happened until she was forced to go to classes in prison). Even her form was filed incorrectly. It stated that she used a weapon but she did not (this has since been corrected, but we believe it affected her parole hearing). This is her first offense EVER. It's bad, but she really did believe she was in love. Her husband was very abusive. Can't she have a mistrial if we can prove her other lawyer didn't act in her best interest to let this trial happen knowing how close the boy's family was to the judge?


Asked on 11/28/08, 7:28 am

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: family of victim worked with judge directly, unfair trial?

NO, you can nit have a mistrial this late in the game... You may appeal her sentence and may also seek to have the sentence vacated... In order to do either thing you must show there was an error major enough to make a dispositive difference in the case... If she's been in for two years this is about right for the NY state... Much luck

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Answered on 11/28/08, 7:36 am


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