Victim changes statement after defendant was found guilty

Asked almost 2 years ago - Sumter, SC

Defendant was put on trial for abwik possession of fire arms lynching 2nd. N kidnapping. He was found not guilty for abwik n firearm possession but found guilty of kidnapping n. . lynching while he was only rone on. trial for these charges. Now victim. has restated his. statement n has. stated defendant. was not the. Shooter is this newly discovered evidence

Attorney answers (3)

  1. Justin Michael Lovely

    Contributor Level 12

    3

    Lawyers agree

    Answered . Defendant needs to contact an attorney for post conviction relief and attempt to appeal his verdict.

    The information in this website is provided as a general legal reference . The reader is advised to check for... more
  2. Dale Martin Savage

    Contributor Level 13

    3

    Lawyers agree

    Answered . As this was a trial the defendant was represeed by an attorney (unless they were pro se) so I would let them know of this and they can have a investigator look into it. However, given that the jury found the defendant not guilty of the ABWIK and possession of a gun during violent crime the recanted statement that the defendant was not the shooter may not change the outcome of the kidnaping and lynching convictions.

  3. James Regan

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Mr. Lovely.

    Defendant's family needs to see an attorney for appeal and post-conviction relief and possibly move for a new trial.

    If you cannot find a local attorney on Avvo, a good place to look is the website for 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 (https://www.nacdl.org/impak/cms/members_online/...)
    NACDL Local affiliates: http://tinyurl.com/8akw2gd

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

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