Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?
she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the police. She later told police that she was pregnant when he fought her off him, however we proved it to be a lie. She told the Dallas DA that she was afraid of being retaliated against by his friends and family yet she continued to answer Securus phone calls, place money on his books, and continued to tell him she would write and sign an ANP. After she realized we (his family) found out she was lying about the pregnancy she changed her number and left the state of TX. The DA nor the D. ATTY were able to contact her. She moved back to tx recently and brags about his being convicted to others publicly and on social media. He took a plea his atty didnt want to go to trial said to long process
A: There are not enough facts to answer your question. Did he go to trial or plea guilty .
You should retain an experienced criminal defense lawyer to file a post-conviction writ of habeas corpus based on his actual innocence. During that proceeding, your fiance will have the burden to prove his actual innocence. He must present newly discovered evidence that establishes his innocence by clear and convincing evidence.
Newly discovered evidence means evidence that was not available by reasonable investigation prior to or during his trial. A witness who could have exonerated him if she's been called during trial IS NOT newly discovered evidence if she was available to testify at the time of trial but no one called her. Often, these types of proceedings turn on changing scientific evidence, for example new technological advances in DNA evidence. From your description, that particular example probably does not apply in your situation. Only you and your fiance know what newly discovered evidence exists that clearly and convincingly proves his actual innocence. Maybe its a written, or texted, statement by the "victim" created long after the trial. Or an audio recording of the victim.
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