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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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Several years ago, I was charged with sexual assault on a minor

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Several years ago, I was charged with sexual assault on a minor (17). This was not the case but I did 5 years for it. It was a result of my ex-wife's anger and the story she gave that I assaulted her daughter. It later came to light that it had actually been her cousin that the girl was pregnant by. While I was incarcerated, she came to visit and once I was out, she and I were remarried. To make a long story short, she and her family promised to help me to get exonerated for this. She cheated on me after I remarried her and when we split, those promises went out the window. During the trial, it is my understanding that DYFS withheld statements made that could have found me not guilty. The past is the past. However, I am now classified under Megan's Law and wish to go for a pre-post conviction in order to get my record and name cleared. I am in NJ. Can you tell me what steps should be taken in order to do this?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JD replied 7 years ago.

Since you have served your sentence but are still being effected by what would be deemed collateral effects, you may still be able to seek relief through a writ of error coram nobis. This historical procedure was established to give convicted individuals a way to reopen criminal cases when new evidence comes to light that would have significantly impacted the outcome of the trial had the information been available. I should point out that a successful writ of error coram nobis is extremely rare, but it appears New Jersey still permits an individual to seek relief.


You should take your new information to a local criminal defense attorney along with the complete record from the court of your conviction. If the attorney feels you may have a legitimate chance of success then you can discuss the filing of the writ of error coram nobis.


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