Q: Can I overturn a conviction from a plea deal if the evidence used to search my property was falsified?
I was pulled over with marijuana, gave the cops my box of paraphernalia, they gave me a ticket for possession. Months later the charges were dropped and new charges for trafficking were put on me. In the discovery of my felony charges it was claimed that a 3rd party contacted them with additional information about the box’s contents. From that statement, they conducted further testing on items in the box and found grounds to charge me with a felony. After the plea deal, the witness claims they never contacted the police and is willing to say that in court, under oath.
A:
If the evidence used to search your property was falsified, you may have grounds to overturn your conviction. Given that the witness claims they never contacted the police and is willing to testify to that under oath, this new evidence could be crucial. You should file a motion to withdraw your plea, citing the falsified evidence and the willingness of the witness to testify.
You will need to gather all relevant documentation, including the discovery showing the basis for the search and the witness's statement. This new information could demonstrate that your plea was based on incorrect or fraudulent evidence, which could significantly impact your case.
Consult with a legal professional to help you navigate the process and ensure that your motion is properly filed and presented in court. This could lead to a review of your conviction and potentially a new trial or dismissal of the charges. Stay proactive and organized to strengthen your case.
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