New evidence that I'm innocent

Asked over 1 year ago - Orlando, FL

The police charged me with 5 crimes. Prosecutor agrees a plea deal and drop 4 crimes and kept one from which I admit I did. The crime I admitted was suppose to be just a probation but the prosecutor added 4 more crime so he can put me in jail.Now I'm out,I discovered new evidence that I didn't do those 4crimes.if I sue the prosecutor and police, can I modify my probation by making it time serve?The 1 crime that I admitted is no jail but 5 years probation.But instead took plea deal of all 5crimes and did 1 year jail and 7 year probation.

Attorney answers (5)

  1. William David Umansky

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    Contributor Level 19

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    Answered . It will be difficult to sue the police if there was even minimum probable cause and the prosecutor will likely be immune from a lawsuit. Consult with a criminal lawyer to look at your newly discovered evidence and better advise you.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
  2. David Dean Fussell

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    Contributor Level 10

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    Answered . Filing a civil suit to sue the police and modifying your sentence are two different legal maneuvers.. A civil suit seeks money damages. In order to change your plea or sentence you must go before the court which has jurisdiction over your criminal case. It is difficult to sue the police for false arrest, unless they did not have sufficient evidence which met the low threshold of lack of probably cause. Prosecutors are immune from suit for the actions they take so long as they are fulfilling their traditional role as a prosecutor. The best method to attempt to change your sentence is to consult an experienced criminal defense attorney and explore whether you have an avenue to set aside your plea and sentence and if you do whether it is to in your benefit to do so.

  3. Mark H Randall

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    Contributor Level 15

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    Answered . There is a procedure to set aside your plea, but if the judge let you, you can get a harsher sentence then the original one. Tough call. Usually courts are reluctant to reopen old cases. I think it best to contact your original attorney for his thoughts on the matter.

  4. Heather Morcroft

    Contributor Level 20

    5

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    Answered . This would involve a motion to set aside the judgment or sentence. New evidence normally needs to be evidence that was not discoverable at the time of the judgment. But I'm not a criinal lawyer. You really need to meet with a criminal lawyer and go over all the facts of your case to determine what remedies may be available to you.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  5. James Regan

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    Contributor Level 20

    1

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    Answered . 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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