Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

If a person is convicted on a murder charge and recieved a…

Customer Question
If a person is...

If a person is convicted on a murder charge and recieved a life sentence. But a decade later the co defendants write affidavits saying they lied on the defendant, n the real suspect is died, what can the defendant do?

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

South Carolina

Lawyer's Assistant: Has anything been filed or reported?

Really no ma'am. Every time he go to court, And try to tell the Judge about the Affidavits, the Judge say their no here for that, plus he doing been in there for a decade now. Plus the lawyer didnt even bring the Affidavits up at trial.

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

How can he get some relief for the Life sentence to a lesser sentence. Like a reconsideration

Submitted: 7 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 hours by:
1/1/2018
Criminal Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 126,757
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If there is indeed newly discovered evidence, then a motion to vacate/set aside the conviction can be filed at any time. Many times though self serving statements of co-defendants also charged with the offense blaming someone who died would not be enough new evidence, because the courts see that testimony as being biased to serve their own interests. In this type of case it would depend how much other evidence there is that would support the statements of the co-defendants that they lied on the defendant.

His recourse though is to file a motion for post conviction relief to present the evidence and let the court evaluate it.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 126,757
126,757 Satisfied Customers
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
A man in his thirties got in a fight at a bar in s.c. the
A young man in his thirties got in a fight at a bar in s.c. the man died the young man was charged with murder and sentenced to 2i yrs hard labor and is in McCormick prison. Is there anyone who can te… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
I have a friend that were sentence under the new juvenile
I have a friend that were sentence under the new juvenile law, of Rover Vs Alabama in 2012. The law states that its cruel and unconstitutional for juvenile to have a life sentence. if some was resente… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
If I said to an individual my neighbor plans on killing you,
If I said to an individual my neighbor plans on killing you, when she/ he really didn't and this individual kills this person ( in what is thought to be self defense), what then would the defendant be… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
A person is in county jail for one year and is planning to
A person is in county jail for one year and is planning to seek habeus corpus relief. I saw a statement on an information website that said "The remedy can be sought by the prisoner or by another pers… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
Doctoral Degree
126,757 satisfied customers
on a murder charge in indiana would the defendant whom represents
on a murder charge in indiana would the defendant whom represents himself in the case as the murderer uses that the victim raped his girlfriend would he maybe be given a lesser sentence he is a lso a … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
My friend was convicted of first degree murder in Nevada over
My friend was convicted of first degree murder in Nevada over 23 years ago. Although now 23 years later it is now established that he was not the shooter but his co-defendant acknowledged that he was,… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Nate, trying to help a close friend with this problem. 1)
Nate, trying to help a close friend with this problem. 1) Can you file PCR petition without filing an appeal? 2) If you file a PCR, do you give up all rights to appeal in the future? 3) Refer to case … read more
Nate
Nate
Lawyer
Juris Doctor
1,750 satisfied customers
I have a very complicated case but will try to consolidate
I have a very complicated case but will try to consolidate the info. My son and another boy were arrested and charged with several serious criminal charges. When arrested, the other boy was interrogat… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Can a person be charged with armed robbery if the person he
Can a person be charged with armed robbery if the person he or she was with has the fire arm.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
In the state of Mississippi three young man committed an armed
In the state of Mississippi three young man committed an armed robbery. The armed person had priors but the other two did not. One of the boys turn state and received probation because he didn't act b… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
my friend was sentenced to 18 yrs in prison for killing a biker.i
my friend was sentenced to 18 yrs in prison for killing a biker.i was wondering if there is any way she could get a new trial due to miss representation… read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
Defendant at trial was offered a plea bargain before jury was
Defendant at trial was offered a plea bargain before jury was brought in if he would plead guilty to murder. He did not want to because the true guilty party was awaiting trial, but the DA said if def… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,947 satisfied customers
A personal friend was sentenced 7 years ago under the RICO
A personal friend was sentenced 7 years ago under the RICO law, his Capital Offense. He understands that there are five alternatives to the death penalty. He was found guilty under Act l - Murder prov… read more
Lawyer Bob
Lawyer Bob
Doctoral Degree
413 satisfied customers
My wife has recently been convicted of 2nd degree murder for
My wife has recently been convicted of 2nd degree murder for the fatality of a women in a vehicle collision. She received a 2nd degree murder conviction based on the fact that it was her 3rd DWI convi… read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,266 satisfied customers
CA DWI trial that ended hung on top count but guilty on grevious
CA DWI trial that ended hung on top count but guilty on grevious injuries. Defendant sentenced to 13yrs 8mos, now DA wants to retry murder or re-sentence to give 20 yrs Horrible case , Bad facts, ( ju… read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
I have a friend that was convicted in the Virgin Islands has
I have a friend that was convicted in the Virgin Islands has served 15 yrs in prison of a natural life sentence. He submitted a Writ of Habeas Corpus a few months ago to the Judge in Virgin Islands. T… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My husband was charged with attempted murder in 2002. He took
My husband was charged with attempted murder in 2002. He took a plea bargain so the case never went to trial. Earlier this year the victim passed away due to his injuries. The family is now trying to … read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
If you do the Alford plea and it is accepted, is there a ...
If you do the Alford plea and it is accepted, is there a timeline for the sentencing to take place?… read more
Moe Manser
Moe Manser
President
Bachelor's Degree
92 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x