Families of SOs Community Group

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trying to over turn a plea deal when you hav

tibaker
tibaker
my brother had a public defender that told him that he didn't understand the laws ancount give my brother a good defience or fight for him so my brother took the plea . and now is a sex offender in Ks for life his name is trashed and my family tells him that they still love him and will be there for him but hes only left the state once in two year with a yes from his probation for two week he has more freedom in Ks then he did at home at our mother and fathers house how do you prove your not a sex offender when he passed every poly and took the class and would be consider a level one in every other state but KS?
Group Founderwisconsinrsol
wisconsinrsol
Well I can tell you there are no 'levels' here in WI, you are either on the list or you are not. In Wisconsin they have a State Appeals Public Defender office. They come recommended many times by private attorneys here because they handle more appellate cases than most private attorneys. Depending on the specifics of the plea and your brother's case will depend on what grounds they could look to appeal on...

Not sure you know this but an appeal will NOT exonerate your brother, all it will do get the case remanded back to the lower court to start the whole process over. So if you were to win an appeal, you would then have to go through the entire circuit court process again... and could end up with a better or worse sentence. Now if he were to wait until after his probation is over, and then appeal, it would be harder for them to re-sentence because it was already served.

To answer your question, there isn't a way that one can "prove' they aren't a sex offender... Then again, based on today's laws, I'd be hard-pressed to find someone that wasn't a sex offender whether they are on a list or not... most of have committed the crimes that are on the books, especially the teenagers.