Lakeland, FL asked in Criminal Law for Florida

Q: If a person was wrongfully acused of a crime, more than 5yrs,Can a case be reopenned and corrected?

My fiance' was acused of armed robbery, by another person that payed someone else to say he was guilty. When in fact, my fiancee' had been working out of town and had just returned only within 2 to 4 hours of the situation. my fiance' not knowing what was going on was taken to jail and then sentenced to 3 yrs in the state prision. Since that time, he is having a hard time with finding jobs with structure, foundation and stability. We have been trying to get information about this and, put closure to this once and for all.

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1 Lawyer Answer
Craig A. Epifanio
Craig A. Epifanio
  • Criminal Law Lawyer
  • Seminole, FL
  • Licensed in Florida

A: Your fiance probably waived all rights to have this "corrected" if he didn't appeal. He had the right to go to trial and by pleading guilty or no contest he usually waives that right to appeal. If he did go to trial, then he should have taken advantage of his appellate right. If it was denied, then there is little that can be done today other than asking the governor for a pardon, which is very very difficult to get.

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