Legal Question in Criminal Law in Georgia

my brother was 14 at the time of his arrest. he was questioned before being arrested and was arrested under false information, also he was arrested and wasnt read his rights until arriving at the police station. Our mom wasnt allowed in the room with him and he did not understand his rights, and his right to have a lawyer present. he didnt have a lawyer with him when the detective was questioning him. he was from my understanding being coerced into a confession. the woman said he could go home if he just said he did it. my brother didnt understand what she was saying to him. he was on his medication at the time. he was 14 and had been under a doctors care since he was about 6 years old. he was charged with Rape. but there was never a line up done to identify him, no rape kit done on the woman. this whole thing was done backwards. instead of putting him in a line up the officer that arrested him, took him over to the woman's car and asked her if he was the boy who done it. it took her three times before she answered. he then was arrested but never read his rights. My name is miranda and when the detective asked him about his miranda rights he then said "do not talk about my sister". he didnt understand his rights. He pleaded not guilty at first. then a plea of guilty but mentally ill was put into play. he was sentenced 20 years. 10 years in prison and 10 years on paper. he served his time and now has PTSD from being so young in prison and what he endured in there. He has no job experience and has not been able to gain employment anywhere. the woman was known as a "hooker" from my understanding and skipped three payphones before calling her friend to pick up her kids then calling the police. something about his case was off. My question is can his conviction be overturned somehow? if the right evidence and information can be provided on his behalf?


Asked on 10/14/14, 4:44 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You are asking for a decision on appeal based on one-sided third hand information, and this should not be posted on a general Q&A website like this anyway. The world can now see this post. If you want to help, the only thing you can and should do is help your brother get the best criminal lawyer you can find.

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Answered on 10/14/14, 5:20 am
Ralph Villani VILLANI LAW FIRM

Scott is absolutely correct

Follow his advice

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Answered on 10/15/14, 5:41 am


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