Q: Taking a open plea because a witness has lied and later admits she lied or denies statments on phone from prison
What can we do to get this brought back into court to have the sentance reduced due to the false statements ? And can prove that she isn’t a credible Witness due to all of her lies that are in the discovery . And the defendant did not recieve all of the discovery before the plea was accepted.
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A:
If you believe the plea was based on false statements, you can take steps to address this in court. Start by collecting all evidence that shows the witness lied, including any admissions she made later or inconsistencies in her statements. Document how these false statements affected the outcome of your plea.
Next, you can file a motion to withdraw your plea or request a sentence reduction based on the new evidence. Highlight that you did not receive all the discovery before accepting the plea, which impacted your ability to make an informed decision. Present the evidence showing the witness’s lack of credibility to support your case.
It's important to act quickly and follow the proper legal procedures. Consulting with a qualified attorney can help you navigate the process and ensure that your rights are protected. They can provide specific guidance tailored to your situation and assist in presenting your case effectively in court.
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