Can a conviction be appealed years later if there is new evidence

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Can a conviction be appealed years later if there is new evidence

My boyfriend was convicted of sexual abuse when he was 17 and the girl was 13.
However, the girl has come forward stating she lied about the incident and is
willing to come forward.

Asked on December 26, 2018 under Criminal Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it may be, so long as it is truly new evidence--not evidence which could have been found or discovered or utilized early, but which only came to light recently and could not have been used early. Completely new evidence may be basis for an appeal. The information you describe appears to fall into that category, so it would be well worth your boyfriend's while to retain a criminal defense lawyer and bring this information to the attorney's attention.


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