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

Dallas, TX |

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. 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 offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  2. 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
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    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com


  3. 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. 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

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