My husband was found guilty of 3 counts of csc in Michigan.He has not been sentenced yet.I have new evidence showing he is not guilty,What can I do???

My husband was found guilty of 3 counts of csc,he hasn’t been sentenced yet.Their was alot of evidence that his attorney didn’t submit in court to prove his innocence.Since the day they found him guilty I have talked to the suppose victim over the internet and I have the conversations saved admitting he didn’t do nothing to her.What can I do with this new information???Is there a way to stop his sentence since he really didn’t do nothing and the victim even told me that??? I need help,Please help my husband so he don’t spend life in prison!!!

Asked on June 7, 2009 under Criminal Law, Ohio


S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A lot is going to depend on the laws in your jurisdiction and also whether the trial was a bench trial (Judge) or a jury trial. The mere fact that there is some new evidence that may help exculpate your husband is not enough. The issue is whether this info was available at the time of the trial and even if it is new, would there have been other evidence to still convict. there is a question as to whether your husband's attorney handled the case properly and this is a totally different issue. However, if this information was completely new or was in direct contradiction of the trial, a motion can be made to have the verdict overturned or a mistrial ordered. I suggest you immediately contact your husband's attorney and get him this information. I f you are not satisfied with the attorney I suggest you look for someone immediately who can help start working on this new motion or an appeal.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think you need to talk to a good criminal defense lawyer there, and maybe you will want to see someone other than the attorney at the trial.  One place to find a lawyer is our website,

There's really not much more that I can tell you very definitely, since a lot will depend on exactly what was put in evidence at the trial, and what the victim said to you over the internet, among a number of things.  But it is possible that the conviction can be vacated, and this can happen even after the sentencing, if it comes to that.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.