IF A VICTIM LIED ABOUT A CRIME THAT HAPPENED TO A LAWYER OR JUDGE, WHAT SHOULD I DO?
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IF A VICTIM LIED ABOUT A CRIME THAT HAPPENED TO A LAWYER OR JUDGE, WHAT SHOULD I DO?
IT WAS AN 2ND DEGREE ASSAULT CHARGE WITH WEAPONS INVOLVED. LONG STORY SHORT, MY HUSBAND IS IN JAIL FOR IT. SHOULD I APPEAL IT?
Asked on June 12, 2009 under Criminal Law, Alabama
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If your husband was convicted and you believe he is innocent you have the right to appeal. Of course that's a choice and its one many people utilize. AS for the victim lying if the victim is ready to be honest than you will probably win on appeal. If they will not, your attorney will have to do whatever they can to argue your husbands' innocence but there is never a guarantee.
If there is new evidence you should present that to the police and anything that can help you should put forth. than on appeal it is all presented and a decision will be reached by the court
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You would have to have very strong proof, of the victim's lie, to do anything about this, I think, and if you have anything like that, you need to get to your husband's lawyer with this as soon as possible. If you need a new attorney, one place to look for counsel is our website, http://attorneypages.com
An appeal does not consider new evidence. The question on an appeal, basically, is did the trial court make the right decision, under the law, on the fact that were properly put in front of it. The procedures are different from one state to another, but in most, the next step would be asking the trial court to re-open the case. That's hard, and the longer you wait to get it moving, the harder it will get.
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