Q: If I signed for probation. But later found out there was no proof of a crime nor was there a crime can I fight it
I was convicted of continuous Family Violence. However this is my first criminal case ever, my record is clean. I signed for 7 years probation, upon my release I came to find out there was never a proof of a crime. The whole case was based on hearsay, I can admit I was angry that day but I did not harm anyone. While being incarcerated I was threatened to have my life taken away if I didn't sign the plea deal. Upon further investigation of my case I found out that the whole case was based on hearsay but I still took the case while being incarcerated fearing I will do a lot of time. So my question is can I refight my case even though I took probation. If I can gather up enough evidence to say no crime was committed will that help me.
A: Witness testimony is the most direct form of evidence... So anyway, if this happened less than 30 days ago you can have your attorney attempt to withdraw your plea and, if that is denied, file a timely notice of appeal. The clock is ticking so you'll need to act fast.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
