In the state of NJ what is the laws to have a conviction or sentence vacated.
Parlin, NJ |
When it is proven the witness has made inconsistent false material statements under oath that facilitated the conviction and sentence? and what should the defendant do about the accuser and the false accusations.In advance thank you for your reply
I agree that a lot of information is absent here and this forum is frankly not well suited to examining your question with any reliability. You need to speak privately with one or more qualified criminal defense attorneys who can gather the needed information in order to provide useful guidance. Most here offer free consultations, and this website has a lawyer search function to locate other candidates. Take the time to speak directly with experienced counsel. Btw, do this immediately as some of the potential avenues for moving forward have strict time limitations. Good luck.
This is very difficult to accomplish. Reopening based on new evidence is often only successful based on scientific evidence. It has to meet a very high standard in order to reopen a case. It is also affected by whether there was a trial or plea. You need to consult with a lawyer to review all the details.
Unfortunately, this question calls for legal advice and really isn't appropriate for Avvo. Consult a New Jersey lawyer.
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You don't supply enough information to provide an answer and an open forum such as this is not the place to find one for a question as weighty as you pose. In general, a conviction can be appealed if there is a legal basis to do so, most often if the judge has made a mistake of law that materially affected the outcome. Once time for appeal is gone, a convict faces an even greater hurdle. To undo a conviction, you usually need compelling evidence of actual innocence. Merely supplying evidence that raises reasonable doubt is not enough. Consult an experienced criminal attorney and be prepared to make a substantial financial comitment. God luck.
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Allan E. Richardson, Esq.
Richardson, Galella & Austermuhl
142 Emerson ST., Woodbury, NJ 08096 856-579-7045.