QUESTION
What happens if you where wrongly convicted and have proof ?
Asked on Sep 03rd, 2020 on Criminal Law - Colorado
More details to this question:
So about 5 years ago I was involved in a domestic violence with my boyfriend he was chocking me I hit him with a cooper pipe due to not breathing when the cops got there he lied and said he wasn’t chocking me . So I hired a lawyer and was talked into taking a pled because it was the best thing for me my lawyer said even though I’m the one that called the police . I now have my ex’s on recording saying how he lied about the whole statement and sorry for chocking me and causing me to have a felony. If I have the call record can I take it back to court and show them he filed a false report?
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
at
Miller & Harrison, LLC
Update Your Profile
It is very difficult to undo a guilty plea that has already occurred, especially if it was 5 years ago, but it might be possible. The 'newly discovered evidence' you have (the recorded phone call) might be sufficient as a basis for withdrawing your previous guilty plea and putting the case back into a posture where a jury trial could be had - it will NOT lead to the case just being dismissed. I will add that getting the plea withdrawn (if possible) and then doing a jury trial will all be very expensive.
Answered on Sep 04th, 2020 at 7:17 AM