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Is a False Police Report and police misstatements under oath enough to vacate my 1st degree Burglary conviction?

Rockville, MD |

I was convicted of 1st degree Burglary at trial largely based of a police detectives testimony that I confessed to breaking in and that I stole jewelry. The police report stated that I stole Jewelry and that the location of which was pointed out by the home owner and was taken into evidence. However the same police detective who when asked about it at trial said that no jewelry was ever recovered and the home owner said the same thing on the stand. Which means the police report was false or the main witnesses for the state lied against me on the stand. No one saw me break in. Yes I was confronted in the house. But I entered through a patio screen door. I was not in my right mind at the time due to sleep deprivation and prescription medication I was taking for insomnia.

Attorney Answers 3


  1. The answer to your question can actually get quite complicated. If you were convicted and sentenced you would need to file an appeal. The points you have made in this post are most likely not grounds for overturning your conviction. However, if your trial counsel objected to certain evidence being admitted, such as the police report, and the trial court allowed this evidence to come in, then you may have grounds for reversal based on the errors of the court. There's really no way to show someone lied on the stand during an appeal, although again, you may be able to call out the court's orders. If the time for an appeal has expired, then you may have other avenues to pursue post conviction relief.

    I would be happy to speak with you further about your case. My firm does focus on appellate work if you would like to contact the office. 410-528-9200.

    www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.


  2. If you are within 30 days of sentencing, you may file an appeal. If you are still serving your sentence, you may petition for postconviction relief. Otherwise, you may petition for a writ of error coram nobis.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.


  3. You should immediately seek a free consultation from a post-conviction relief attorney to see if you have a remedy before it is too late.

    There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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