Poquoson, VA asked in Criminal Law and Federal Crimes for Virginia

Q: Does the accused still go to jail?

If someone innocent was accused of rape, took a guilty plea, then the accuser recants. Does the accused still go to jail?

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1 Lawyer Answer
Bryan J. Jones
Bryan J. Jones
Answered
  • Criminal Law Lawyer
  • Charlottesville, VA
  • Licensed in Virginia

A: It depends. You'll need to speak with a post-conviction attorney about what your options are. Depending on how far along the process you are, you may be able to get the Commonwealth to drop the charges or you could withdraw your guilty plea. It all depends on whether you've already been sentenced and how long its been since you were sentenced.

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