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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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If you prove that a Victim Impact Statement was prepared in

Customer Question

HiIf you prove that a Victim Impact Statement was prepared in order to mis lead a court and as a result a sentence was imposed that was too harsh and was later reduced upon appeal, is there an option to take a civil case against the person that prepared the Victim Impact Statement subject of course to your appeal being successful?Also, what constitutes duress? We have a situation where the assailants family was intimidated by a victims family which lead to a guilty plea. Also, wrong legal advice was given in relation to the guilty plea? Are these grounds upon which a conviction for assault could be appealed?
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Samuel II replied 5 months ago.

Hello

This is Samuel. Pleas cannot be appealed. But you could consider a post conviction proceeding if you can show there was intimidation by the vicitim's family and if the DA knew of it, then there could be a stronger basis. It is not an easy process, however.

As to the Impact Statement, unfortunately, I suggest there is no recourse on that because the Impact Statement is based on emotion and how the crime affected the person, their family or whoever is giving the statement. Now, if there was a statement that included facts such as we lost our house because of this crime because we could not work and that was not the case, then the impact statement could be challenged as fraud upon the court and in that case, you should be consulting with a local civil attorney

Customer: replied 5 months ago.
Are you an expert in Irish Law? If not please refund my money and put the question too an Irish lawyer please
Expert:  Samuel II replied 5 months ago.

I will send this to customer service. Unfortunately when I replied your location was not noted. Thank you and good luck.