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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27478
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My brother was arrested in May 2015 and took a plea because

Customer Question

My brother was arrested in May 2015 and took a plea because his lawyer told him that beings he was arrested for domestic violence 3 times never charged that going to trial would result In a long sentence. So he took a plea he was charged with domestic violence 11 public health mortals class b felony. (Sex abuse). He was innocent and there wasn't any proof. He plead in his best interest. If there is new evidence proving he was innocent is there a way for him to over turn his conviction.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 5 months ago.

Yes. If there was new evidence that could not have been known by anyone at the time the case was resolved, that might be grounds to overturned his conviction. The evidence would also have to be exculpatory

Customer: replied 5 months ago.
Would proof that she had filed the same accusations against other people after loosing a court trial. Also the hospital report stating there was no proof of sexual abuse.
Expert:  Zoey_ JD replied 5 months ago.

No, unfortunately. The fact that she has a history of having done this before does not mean she couldn't have been telling the truth this time. Additionally, the hospital reports would have been available at the time of the plea.

Unfortunately, even under the best of circumstances it is almost impossible to take a plea back once a defendant has made it and been sentenced. That's because a judge won't sign off on a plea unless he's sure that a defendant is taking it voluntarily and of his own free will, knowing that he's waiving his rights to challenge the evidence against him at hearings and trial. He would also have stated on the record that he pled guilty because he actually was.

To that effect there is always some kind of a plea allocution -- statements put on the record or signed off on by the defendant -- the purpose of which is to make the plea airtight. Your brother's own words were taken down by a court reporter and can be used against him at any hearing to deny a motion to withdraw his plea.

Newly discovered exculpatory evidence would be grounds for a hearing. But the former is not exculpatory and the latter is not new.

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.