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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: 4 months ago.Category: Criminal Law
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Answered in 4 hours by:
1/1/2018
Criminal Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 124,219
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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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.

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Law Educator, Esq.
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