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HiHi, my partner was charges with aggravated robbery and was…

Customer Question
HiHi, my partner was...

HiHi, my partner was charges with aggravated robbery and was indicted. He accepted a plea to an amended charge of robbery. The case was weak but the prosecutor told him if he would plead guilty that they would agree to probation and he could be released from jail that day. They told him if he went to trial he could get 11 years in prison. He was a scared 20 year old that just wanted to go home. He has always maintained that he was innocent and recently the person who committed the crime has been bragging about how he got away with it. My partner was given probation but due to a drug and alcohol problem he has violated his probation and is facing 23 months in prison. Would it be possible to have the case reopened if there were new information or a confession from the person who actually committed the original crime? If so would that nullify the probation and the subsequent probation violation? My partner has an addiction problem but sending him to prison isn't going to help him.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Have you talked to a lawyer yet?

No I haven't. Was thinking about doing that. Was also considering getting a lawyer to represent him at his probation violation hearing but not sure there is

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Anything a lawyer could do there

Submitted: 5 months ago.Category: Criminal Law
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Answered in 5 minutes by:
11/16/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,039
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago

With new evidence and a lawyer, he should be able to get his case back before the judge to try to overturn his conviction. However, the person who actually committed the crime would have to be willing to come forward and testify before the judge at a hearing. That's really unlikely to happen. Further, it is not a foregone conclusion that the judge will believe that person even if he did come forward. This is all the more true since your partner stated on the record at the time of the plea that he was pleadiing guily because he actually was guilty. That allocution that he made as part of his plea agreement would be used against your partner and damage his credibility.

All post-conviction remedies are longshots. I'm not telling you not to try it. Far from it. I'm just letting you know that the odds of success are not good. You would likely be better off getting a lawyer for his probation hearing.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor 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.

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Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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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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