Asked in Criminal Law for California

Q: During sentencing can new evidence change a guilty ruling?

The perpetrator was A Dark-skin African American woman bearing no resemblance to my family member. The witness testified under oath, that he was assaulted during theft of a Target department store by a Dark-skin African American woman. While my family member is a light-skin African American woman. This distinction is extremely important and relevant within the Black Community. However, outside our community far too often, the notion, “they all look alike” prevails. Can the verdict be changed by the judge if new evidence is presented during sentencing?

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3 Lawyer Answers
Joseph Abrams
Joseph Abrams
Answered
  • Criminal Law Lawyer
  • Anaheim, CA
  • Licensed in California

A: No. The sentencing hearing is not the correct forum to argue new evidence supports the defendant's innocence, unless it is presented as a mitigating sentencing argument. A better approach would be to file a motion to reconsider the verdict based on newly discovered evidence.

- Law Office of Joseph Abrams, Anaheim, CA

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: WHY NOT ASK YOUR LAWYER TO CONSIDER A MOTION TO RECONSIDER THE EVIDENCE.

SENTENCING IS NOT THE PROPER TIME TO PRESENT UNLESS YOU ARE LOOKING FOR IT TO MITIGATE (LESSEN) THE SENTENCE.............RATHER THAN DISMISSING THE CASE.

THIS, HOWEVER, IS SOMETHING YOU SHOULD DISCUSS WITH THE LAWYER HANDLING THE CASE AND NOT STRANGERS WHO DON'T KNOW ALL THE FACTS.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: ASAP GO OVER THE NEW EVIDENCE WITH THE TRIAL LAWYER ON THE CASE AND NOT STRANGERS TO THE TOTALITY OF THE FACTS.

NON LAWYERS OFTEN INNOCENTLY LEAVE OUT IMPORTANT FACTS WHEN SHARING THE CASE WITH A NEW LAWYER.

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