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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13271
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My brother was accused of a crime. He was sentenced and is

Resolved Question:

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?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 11 months ago.

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 JustAnswer.com

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 JustAnswer.com 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.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13271
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you

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