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My husband has been incarcerated for the last 13 years for a…

Customer Question
My husband has been...

My husband has been incarcerated for the last 13 years for a crime that he didn't commit. We have new found evidence to prove this. How can we present this new evidence to the courts?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

He's in California. It's 1st degree murder serving a 50 to life sentence

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

None of the new evidence has been reported.

Submitted: 1 month ago.Category: Criminal Law
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Answered in 1 minute by:
1/3/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,149
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 1 month ago

If you have newly disovered evidence that would exonorate your husband and was not known to anyone at the time of his conviction, you have a solid basis for reopening his case. You would need a criminal defense attorney who does post-conviction work. He can petition the judge to reopen the case so he can look at the new evidence.

If you and your husband can't afford a lawyer, the local public defender's office may be willing to assist or refer you to an appellate defender organization who will do this for him pro-bono.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 month 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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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,149
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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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