Norfolk, VA asked in Domestic Violence for Virginia

Q: If you were charged with a crime and it was dismissed can you later ask for that to be changed?

The case was 2 years ago in 2015. I was charged with Malicious Wounding. my lawyer suggested I take an Alford Plea. However 2 years later I am finding out that the plea means I claim I am innocent but they have evidence to find me guilty. There was ZERO evidence that the victim was hurt. There was no physical evidence or medical paperwork evidence. The victim was completely fine. I know for certain he was not injured. Is there a way I could change this. Even though it was 2 years ago and It has been dismissed? If I would have known what an Alford plea meant I would have never took it because I know there was ZERO evidence. The victim also would not testify against me in court.

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1 Lawyer Answer
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: Usually the judge asks the defendant a number of questions, including whether the defendant knows what an alford plea means or what the defendant thinks the alford plea means, and whether the defendant understands the consequences of an alford plea. (With an alford plea, the defendant is saying that he did not do anything wrong, but he is concerned that he will be convicted of this offense at trial.) This was likely in Circuit Court where there is a court reporter. You could try to obtain a copy of that recording. If the recording supports that all these questions were asked and you answered, you don't have much chance of changing the outcome. However, you can hired a local experienced criminal defense attorney to look into this for you.

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