If you face sex crime charges, you may feel as though defending yourself is hopeless, but this is simply not true. Even in the face of charges that carry heavy social stigma like sex crimes, a strong defense can lessen or even defeat many charges. In some cases, you can even have a conviction reversed, like one Georgia man learned recently.
The man in question was already several years into a 30-year sentence he received for failing to register as a sex offender when the Supreme Court of Georgia took up his case. After hearing the facts of the case, the court unanimously ruled that the conviction be overturned.
The elements of this case are complex, but in broad strokes, the man had previously plead guilty to charges of statutory rape, meaning that he was required to notify law enforcement both in his resident county and the county he moved to any time he changed residences. After failing to properly notify law enforcement while moving counties, the man was arrested and sentenced to 30 years of prison time, with possible probation after serving six years.
However, the indictment did not properly meet the requirements of the law when it was issued, merely claiming that the man failed to register as a sex offender, not alleging that he was indeed a sex offender and therefore needed to register. While two lower courts ruled that the indictment stood, the state Supreme Court recognized this important distinction and overturned the conviction.
If you face serious charges, there are almost always more avenues to fight for your rights than you might expect. Even when things seem set against you, you should always seek out the guidance of an experienced attorney who understands how to use the strength of the law to defend your rights and your freedom.
Source: Coosa Valley News, “Convicted Georgia Sex Offender Has Conviction Reversed,” May 16, 2017