QUESTION
What can I do to prove my innocence after being found guilty for rape and kidnapping?
Asked on Oct 28th, 2013 on Criminal Law - Michigan
8 ANSWERS
Alexis Anne Plunkett
File an appeal.
Answered on Oct 31st, 2013 at 12:05 PM
First you need to file a notice of appeal within the prescribed time after entry of judgment. In Washington 30 days. You have more right to raise a full range of issues in direct appeal. If you are still within the appeal period you may also have a right to ask a new trial. If you have already passed the appeal period you there are other remedies that have potential, e.g. habeas corpus. In all of these potential course you should consult with your attorney (which for this level of criminal matter you should have had).
Answered on Oct 31st, 2013 at 7:20 AM
Bankruptcy Attorney serving Federal Way, WA
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You say, you have already been found guilty. In this case, it may be tough. I can't say without seeing all the records and reviewing the trial transcripts.
Answered on Oct 30th, 2013 at 1:01 PM
Adoptions Attorney serving Lansing, MI
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There maybe something from the case record that can get your conviction overturned or get you a new trial. This cannot be accomplished without having an experienced appellate attorney thoroughly review your case record for anything that can get it back in court.
Answered on Oct 30th, 2013 at 1:01 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Hire an attorney.
Answered on Oct 30th, 2013 at 1:00 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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For all practical purposes - nothing! The time to have done that was BEFORE you were found guilty. However, there are circumstances where you can request a retrial. The most common being if new evidence that was unavailable at the time of your original trial comes to light but there are a few other grounds for requesting a retrial and / or appeal.
Answered on Oct 30th, 2013 at 1:00 PM
John J. Carney
You can appeal the case or you can run a 440.10 motion if your lawyer (I assume you had as public defender) was "ineffective" which is a very difficult standard to meet. Most people who are convicted of serious charges are in fact guilty and the evidence is overwhelming, but they refuse to admit their guilt or take a plea. That results in a long prison term because they lied to their lawyer and insisted on going to trial. Sometimes people are innocent but are misidentified or falsely accused. In that case they need a very good criminal lawyer to show that the witness is either lying or mistaken. You should tell a good lawyer the truth and let him look at the case and see what can be done, but if you are not totally honest with him there is no way he can make good decisions or help you in any way.
Answered on Oct 30th, 2013 at 12:59 PM
Michael J. Breczinski
Appeal the verdict.
Answered on Oct 30th, 2013 at 12:58 PM