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My brother was accused of a crime. He was sentenced and is

currently awaiting appeal. The two...
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?
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Answered in 5 minutes by:
10/30/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified

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.

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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,723
16,723 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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