Can I reopen a case due to a recently discovered medical condition if I pled guiltyand was convicted?

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Can I reopen a case due to a recently discovered medical condition if I pled guiltyand was convicted?

Back in 2008, I opened up a credit card in my mom’s name and was buying things. I must tell you that I did not remember doing any of this. I am going by the police investigation. My mom thought I had a breakdown when my son passed away, but actually I had a slow growing brain tumor that was located at my frontal temporal lobe. Neurosurgeon told me that this kind of tumor would have caused me to have a change in behavior, reasoning and memory loss. I was convicted back in 2009, but did not know about the tumor until 2010 when I had my 1st seizure. Doctor said that I had tumor for years.

Asked on March 3, 2011 under Criminal Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

Go and see a criminal attorney in your area on the matter.  You need to discuss a few things about procedural law in Pennsylvania and how you can go about doing this.  Every state has a provision in the law that allows the party that is convicted to bring before the court new evidence or a reason - such as ineffectual counsel - that could have a bearing on the original outcome or circumstances of the original case.  In New York you an bring what is known as a 440 motion for this reason.  It seems that you may indeed have a shot at re-explaining your behaviour to the judge and possibly a defense to the entire matter.  Good luck to you.


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