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

Answers:

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, http://attorneypages.com

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.


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