QUESTION

How do you go about reopening a case

Asked on Mar 03rd, 2015 on Criminal Law - New York
More details to this question:
was charged with rape and put on ten years probation plus classes, the victim has changed her story several times and reported rape previously then resinded her story twice and both times those cases were unfounded then she reported it again and he was charged on the word of the victim but no evidence,. was talked into taking a plea bargain and pleading guilty to stay out of prison, how can someones innocence be proven,, now just yesterday he was arrested on violation of probation because someone told them that he had been in contact with children (my children) for which he was not I need help, I always thought that there is suppose to be evidence to place someone under arrest??
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1 ANSWER

Criminal Law Attorney serving Brooklyn, NY at Bukh & Associates, PLLC
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There is a certain time period for appealing cases. However, when it comes down to reopening a case that has been closed and appealed, the requirement is very high.  There has to have surfaced totally new evidence regarding your particular case.  You state that the "victim's" future actions or rather actions after you were convicted can prove this, but actually only her actions in the particular incident you were convicted of can be used.  If you have new evidence pertaining to the time period of the incident then you would file a motion.
Answered on Mar 04th, 2015 at 11:19 AM

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