QUESTION
A man was convicted of rape can he get out if the victim writes a letter and says he did not do it?
Asked on Mar 21st, 2013 on Criminal Law - Colorado
More details to this question:
My son in law was convicted of rape 4 1/2 years ago. He has been turned down twice. If the victim writes a letter and says, he did not rape her. Could he just get out of prison?
3 ANSWERS
Michael J. Breczinski
Probably not. Just because someone recants does not over turn a conviction. Victims can recant for any number of reasons including coercion.
Answered on Mar 25th, 2013 at 9:44 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
It's more complicated than that. Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What was the evidence that he was originally convicted on? Did the victim testify at his trial? If so, why is she recanting her statement now.
Answered on Mar 25th, 2013 at 1:26 AM
3 Awards
Under CRCrimP 35c if there is new evidence that supports innocence, then a new trial could be ordered. If that new evidence is believed by the DA, the DA could choose not to prosecute the case. It would not be as simple as you suggest, but it is possible.
Answered on Mar 24th, 2013 at 6:02 PM