Can a person have a conviction overturned if they were incarcerated at the time the crime was committed

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Can a person have a conviction overturned if they were incarcerated at the time the crime was committed

My brother-in-law was just sentenced to
10 years on a crime that was committed
while he was incarcerated

Asked on June 24, 2019 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, that would be grounds for an appeal on the basis that a clear error was committed: how could someone commit a crime outsider jail while they are in jail? Your brother-in-law will want an attorney to help him with the appeal: either help him hire one, or else contact Legal Aid and see if they can and will help.


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