My 30 year old son was recently charged with a sexual offense. His attorney advised him to plead guilty and so he did. This attorney failed to recognize my son has a severe mental impairment and has been receiving social security disability benefits for over 10 years for this mental condition. I had no knowledge of this event until after the guilty plea or I would have alerted the courts of his disability. (There was no DNA evidence against him whatsoever.)
He was sentenced to 5 years probation and required to register as a sexual offender in the state of Kentucky. The so called victim was a 30 year old woman who also had a mental impairment. I have been told, if this woman were not mentally impaired, there would have been no conviction.
After several psychological evaluations of my son, the doctors suggest the so called victim may actually be less impaired than my son. An MRI shows my son has definite brain damage to his frontal lobe area of the brain.
We have filed (with a different attorney) a motion stating the attorney did not do his job in not recognizing my son's mental impairment. The judge ruled against us. Then we filed a motion of new evidence--with all the documentation of brain injury--the judge said no again. We are now filing another appeal.
I am so frustrated with the state of Kentucky. In the meantime, my son is unable to rent an apartment due to his conviction, unable to see his family in Ohio (probabation officer won't allow it), and struggles everyday just to survive with his mental issues.
I would like to know where do I turn next? My present attorney says my son gave up all his rights when he pled guilty. So, a mentally impaired person, at the advise of his attorney, pled guilty and now faces 5 years in jail. Part of his probation, was to admit to the offense, and my son is unable to do that. They are charging him with a probation violation on this issue.
I would like to file a law suit against all the officers and courts involved in this mess. How do I get a judge to acknowledge my son's brain injury and reverse this nightmare? Please help me!
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