What actions other than an appeal or writ can help someone wrongly convicted when we have evidence of gaps in testimony?

Asked 4 months ago - Dallas, TX

Flag

1998 my brother met 14y girl who lied saying she was 19.Met foster mom & she wanted him 4 herself,he refused & she filed 2 sex assault charges in Nov & Dec of 98.He warrested,girl was pregnant & he then aware of her being underage.Police report states she lied about her age.He went 2 prison 4y non agg assault.Attorney said plea was best due to pregnancy.14ys later his promiscuous stepdaughter already privy to his past didn't want him there because he was helping her mom keep boys away so she lied & said he tried to rape her.Her story changed over and over up to trial date when she stated he just grazed her breast w the back of his hand.None of his evidence allowed,no character witnesses,her mom who didnt believe not supena,he not allowed testify.Got life & must do 30y like agg b/f parole

Attorney answers (4)

  1. Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered February 04, 2013 19:12. A writ or a pardon are his only options. And he has a much better chance at a writ. You would need to hire an appellate attorney to review the record for possible grounds for a writ.

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

    Contributor Level 17

    4

    Lawyers agree

    Answered February 04, 2013 19:49. The only two ways to challenge a conviction are by direct appeal or by writ. You will need to hire a lawyer (a different one from his trial lawyer) to raise these issues.
    www.austincriminaldefenseattorney.com
    512-495-1813
    Austin Jail Release and Bond Assistance
    Austin Probation Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Contributor Level 4

    2

    Lawyers agree

    Answered February 05, 2013 15:16. Your brother's only options as to getting his case overturned are by direct appeal or by writ. The direct appeal route may be foreclosed if a timely notice of appeal or motion for new trial was not filed. Your brother should seek counsel immediately.

  4. Pro

    Contributor Level 11

    Answered February 10, 2013 11:11. A writ is your best option assuming the appellate deadline has expired. Get an attorney on board ASAP.

    Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

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

Get free answers from experienced attorneys.

 

Ask now

26,433 answers this week

2,679 professionals answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

26,433 answers this week

2,679 professionals answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary