How long after a conviction can an alleged victim come forward to clear the alleged perpetrator’s name?

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How long after a conviction can an alleged victim come forward to clear the alleged perpetrator’s name?

In 1996, my brother was convicted of a crime that he didn’t commit –  2nd Degree Sexual Assault of a Child. He didn’t have money to really fight it so he took a plea bargain. He was then sentenced to jail. When court was over, our niece finally admitted that she lied (she was and still is a cronic liar). When my brother’s attorney was told this, he said that my brother would have to come up with a large sum of money before anything could be done about it. He had no money. He served his sentence. I believe 6 months and probation. Now he is registered as a sex offender. He lost his home, child, and other things, all due to this mess. Is there anything that can be done to get his name cleared? Our niece is still willing to come forward. Is it too late to do anything?

Asked on February 8, 2011 under Criminal Law, Wisconsin

Answers:

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

Answered 10 years ago | Contributor

It is never too late to clear someone's name and do not let money deter him from doing so.  This is a heart breaking situation and things need to be set right.  If he has no money could not legal aid help him here?  If you go to the Prosecutors in this case they have a legal and ethical obligation to hear the new evidence but you really do have to get this before a court.  Try a local bar association and their pro bono departments.  Try a local or close law school that has a clinic for students that deal in criminal law areas.  Good luck to you all.


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