Q: Are there any legal remedies for a withheld judgement to be dismissed before it's time lapse?
A loved one received a withheld judgement for a misdemeanor for something that they didn't do. The accusing party filed a lawsuit the same day of the hearing. A couple of months in and during the discovery process, exculpatory evidence was provided that had been withheld from the criminal trial. This was evidence that proved the innocence of the loved one. Ever since then, much more exculpatory withheld evidence has been provided. The evidence clearly proves the accusing parties have been lying, manipulative, deceitful, and have even altered, modified, and manipulated evidence. Sadly, the court only listens to what they are being told by the "victim" (accusing party) and has not looked at the evidence. The accusing party has relied on the criminal case for the entire lawsuit and has been successfully diverting the attention away from the evidence that proves their malfeasance. Are there any remedies to have the criminal case thrown out? Any suggestions for the civil as well?
A: You typically must file your motion to vacate on newly discovered evidence within two years of the termination of the original case. Contact a lawyer ASAP...
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