QUESTION

Can I recant after someone has already been incarcerated and how do I prove a wrongful charge or sentencing?

Asked on Jul 14th, 2017 on Criminal Law - Michigan
More details to this question:
My son father is incarcerated. I testified as a character witness but of course our relationship ended up on trial. I have been trying to get visitation for me and our five year old son. They did DNA on my son last year and proven paternity. But his PS records still states he does not have children. According to his counselor at the prison his PS record have me as the victim. He was on trial for armed robbery nothing to do with me. He was also charged with intent to do great bodily harm less degree then murder. As a character witness, I did not do well. I was angry at him on so many levels beyond stressed but more hurt that we were not on the best terms when he turned himself in. He was not alone when he committed the crime but the other guy didn't get caught till a year later and he was only charged with robbery. I was furious that he was involved in the circumstances for I didn't know or think he would be caught in this situation. Our son was only eight months and I wouldn't have dreamed of him getting twenty three years. My intent on the stand was to make sure the jury understood that he was state diagnosed retarded. He was bipolar and he had childlike behavior. He had just turned twenty one and there's a huge age difference between us. I really didn't know what happened only what he told me and I now realize I should not have been on that stand. He cannot read and have comprehension impaired. I know he was railroaded and hate that I play a part. I was a heavy marijuana user at the time with two kids, one special needs and I just needed a break and some peace. I asked him to just tell the truth but he didn't want to be called a snitch after that I walked away with angry and confusion feeling overwhelmed and tired of trying to explain right and wrong to him. I still care about him deeply. I believe you do the crime you do the time but knowing if he would have taken the deal he would only have gotten years not twenty three.
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1 ANSWER

Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
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If you did not testify that he committed the crime, then someone else must have done so, or there must be physical evidence such as fingerprints, videos, etc. I seriously doubt that recanting character testimony would lead to a new trial. If he has an appeal lawyer you can contact him about it. Go to http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx and click on By Party Name, then enter his last name and first name. If he has an appeal it will be listed, and you can click on the link and find the name of his attorney. If you testified falsely at his trial, that could possibly subject you to a charge of perjury. You are legally required not to lie when testifying in court. Your feelings of anger toward him do not detract from the other proof that I assume the prosecutor had against him. If he wanted the plea bargain offer, he should have taken it. He cannot take the offer now that he has been convicted at trial. The decision to reject the plea was his, no matter what you recommended. If he wins a reversal then they might or might not offer him another deal.
Answered on Oct 02nd, 2017 at 2:46 PM

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