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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16445
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My brother was accused of a crime. He was sentenced and is

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My brother was accused of a crime. He was sentenced and is currently awaiting appeal. The two people who accused him now say that he didn't do the crime. After the appeal, can my family sue them?

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Customer: yes
Alex J. Esq. :

Welcome to

Alex J. Esq. :

Was your brother convicted at trial?

Customer: Yes he was. He was sentenced to 79 years
Alex J. Esq. :

What was the crime he was convicted of?

Customer: Rape and sexual acts on a minor
Alex J. Esq. :

If your brother's conviction is overturned on appeal, then your brother might have a legal recourse against the state (depending on the findings of appellate court), but not against the victims.

Alex J. Esq. :

Also, the family would not have any legal recourse against the state or victims, regardless of what takes place.

Alex J. Esq. :

Does this make sense?

Customer: Yes it does. Now that the victim has come forward with the truth, will that help with the appeal?
Alex J. Esq. :

It could, but generally only if there are some corroborating new evidence to support your brother's innocence.

Alex J. Esq. :

It is generally very difficult to set aside or overturn a criminal conviction, especially for a major sex crime that was attained at a criminal jury trial.

Alex J. Esq. :

Very strong exonerating evidence would have to be present, besides any victim(s) / witnesses changing their stories.

Alex J. Esq. :

Does this make sense?

Customer: We have Facebook posting from the victim stating that she lied. And she submitted a notarized letter to the judge before the sentencing
Alex J. Esq. :

Unfortunately, sex crimes victims change stories all the time and generally the appellate court does not give much weight to such change of victims stories after a criminal conviction is obtained at trial.

Customer: I understand
Alex J. Esq. :

I am sorry to give you this tough news, but please understand that I do have to provide customers with correct information, even when information is unfavorable to the customer's legal situation.

Alex J. Esq. :

How old was the victim at the time the crime took place?

Customer: 14 yrs old
Alex J. Esq. :

How old is the victim now?

Alex J. Esq. :

or was at sentencing?

Customer: 18 yrs old
Alex J. Esq. :

Well, does your brother have an experienced local criminal appeal attorney?

Customer: Not yet. The paperwork was submitted last week to the appeals court
Alex J. Esq. :

Well, it would be a good idea for your brother to hire an experienced local appellate attorney to represent him throughout his appeal.

Customer: Ill be sure to tell him. Thank you for the advice
Alex J. Esq. :

I wish you the best of luck.

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