What can be done about a weapon's charge to clear a criminal record? 

Question Details:

In 2004 my husband and brother were pulled over with a knife in my husband's vehicle. The knife belonged to my brother, both were arrested, and my brother persuaded my husband to tell the authorities the knife was his. Not knowing the consequences, my husband agreed thinking he was helping keep my brother out of prison. Is there any way that this can be set straight or appealed? This charge is preventing my husband from obtaining employment and he is actually innocent; it was a bad combination of dumb and naive at 20 years old. Can this be removed and the truth be told?

Asked 11/11/2009 under Criminal Defense | 152 View(s) | More Legal Topics

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Criminal Defense Law Answers

Unless the conviction just came through in the last month or so, it is far, far too late for an appeal.

It's possible, in theory, to get a conviction vacated after the fact, but usually that's only done in cases where new evidence, that wasn't available at trial, makes it very, very clear that the verdict was wrong.  The defendant (your husband) changing his story, even if there's a persuasive reason to believe that the new testimony is the truth, is almost never good enough, without something to back it up (such as your husband's brother coming clean as well).

In this case, it might not have made any difference anyway.  Since the car was your husband's, the law usually is that he's "in possession" of anything that's in the car, if it isn't being physically carried by a passenger (and sometimes, even if it is).  So, even if in "reality" he was innocent, legally he was guilty.

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