How can i get my husband exonerated or appeal? What evidence do i need to have to prove it was all a malicious attempt

Asked over 1 year ago - Houston, TX

My husband is in Harris county and was set up. my ex husband is trying to discredit him because he kidnapped my son from us and is trying to finalize temp orders where i have no contact. husband and i were stung in 9/2012 while staying at a hotel. we should have takin it to trial because it was so unfair. we decided to accept probation for my husband so my charge was dismissed because we had a custody mediation the day before and were blamed for being meth addicts and were trying to do whatever Ness for my son. now my ex husband is at it again. he somehow paid some woman to make false charges on Chris for indecent exposures 4/2013 alleging he was masturbating in his car. first off we were together at the alleged innocent time taking our son to preschool. second the police said th

Attorney answers (3)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If he has a new charge, he needs a defense attorney to handle this for him. As for the case he already pled to, you need to consult an appellate attorney. Buyer's remorse is tough to deal with when the defendant entered a voluntary plea. The legal arguments to undo this are few and far between.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Peyton Zimmerman Peebles III

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . You need an experienced criminal defense lawyer to fight the new case. From what you've posted, there will be a LOT of work and time involved investigating this case. Regarding the old case, there is little you can do if you were caught up in a sting and the government's conduct did not rise to the level of entrapment. The exception to this might be if your lawyer was so terrible that he/she didn't even provide the minimum required representation. Such a claim must be raised in a habeas proceeding.

    *** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In... more
  3. Lucio Antonio Montes

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The strategy and what evidence will help your husband are best discussed with an experienced criminal law attorney. You are not going to receive a decent answer to your question through this medium. I am sure that any decent attorney will bring all those facts to light when and if it ever gets to trial. You should not wait until he is convicted to try to then win the case. As is, it is an uphill battle. Find and hire the best attorney you can afford. Go and meet with them before you hire them. You will get a better sense of whether you like them and they are a good fit for your husband. Most offer a free consultation, so use it to your advantage and tell them your story.

    Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not... more

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