Can i bring a attempted threat charge back to court if i learn of new discoveries?

Asked about 2 years ago - Washington, DC

I was accused and convicted of attempted threats, requested a jury trial and told there are none in the district, and court ordered witnesses for the plaintiff never appeared, despite the plaintiffs constant testimony change during the trial

Additional information

This event occurred the year 2008

Attorney answers (3)

  1. Kamal Nawash

    Contributor Level 9

    Answered . Your question is not clear.

  2. Mark M Rollins

    Contributor Level 8

    Answered . Unfortunately, attempted threats in the District of Columbia would not qualify you for a jury trial because the offense carries 180 days and/or $1000.00 dollar fine. Threats would have qualified you for a jury trial because it carries 6 months in jail. The government routinely amends the threats charge to attempted threats so that you will not be eligible for a jury trial. Lastly, your time for noting an appeal on this issue has expired.

    This answer does not establish an attorney client relationship.
  3. Christopher A Swaby

    Contributor Level 13

    Answered . You couldnt get a jury trial because the attempted theft charge didnt carry a maximum jail sentence of six months or more. If you didnt already file a notice of appeal, you are likely unable to do so now. One possible exception is if you asked your lawyer to file a notice of appeal and s/he said s/he would but didnt and you relied on the attorney to follow your wishes. Another possible route you could take to challenge the conviction is a motion for a new trial based on newly discovered evidence, but you would have to be able to argue that you couldnt have discovered this evidence before now.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,196 answers this week

3,271 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,196 answers this week

3,271 attorneys answering