Q: New evidence after I pled guilty to Assualt and Battery case
I took a guilty plea in Norfolk September 2017 in a A&B case against a family member, taking the victims word as she is my wife. It has now come to light that she struck me first while I was intoxicated and I responded by hitting her twice. This has ruined my career and service to the country, is there anything I can do to change this as far as civilian court goes? I must also add that there is no physical/photographic evidence or witnesses other than my wife in this case and is purely hearsay
A: You had 10 days to appeal and 60 days to reopen you case. You are obviously outside those 2 limitations. You could speak to an experienced criminal defense attorney about bringing a habeas application but I am not certain how successful that would be. I think you are stuck with your plea.
A: Unfortunately, it appears you have no remedy available to you. You only had 10 calander days to appeal a misdemeanor criminal conviction. If you case was in November 2017, then you are well past the time limts for an appeal. If it was within 21 days or if you were still in custody in a local jail serving your sentence on the charge, you could petition the original trial court to reconsider your original case. However, it sounds like you are past that deadline as well. Therefore, it appears you no longer have a remedy available to you to challenge your conviction.
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