Can a felony be dropped or appealed after time has been served, if proof of innocence is subsequently obtained?

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Can a felony be dropped or appealed after time has been served, if proof of innocence is subsequently obtained?

My stepson was sentenced to 1 year  for theft at girlfriend’s parent’s house. Initially, he was charged with a misdemeanor and 3 weeks. Then, the girlfriend filed a false police report that he also stole her video camera (that she pawned months earlier). The theft was reported because she lacked the $180 to get it out of hock and she wanted it back. This charge was upped to a felony and a 1 year sentence. He’s scheduled to get out in 10 days. Additionally, can the court appointed defense attorney that defended him take care of this issue? If not, who?

Asked on January 7, 2011 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  The court appointed attorney is not going to be paid for this matter by the court system so you can hire any attorney to help you with this.  If in fact you can prove that she lied and that there was insufficient evidence without her testimony to convict him then he can be exonerated of the matter and his record will be expunged.  I would also consider a civil suit against his ex girlfriend and forcing her to be arrested for filing a false police report and giving false testimony in his case (if she testified under oath that was perjury).  Good luck to you and to him.


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