What Happens When You Find New Evidence After Trial?

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According to the National Registry of Exonerations more than 2,000 men and women have been exonerated after being wrongfully convicted. Many of them had been sentenced to death. Without a doubt many thousands more remain in prisons across the nation for crimes they never committed. Exonerations occur when evidence is discovered after a trial. Sometimes the evidence was illegally suppressed by police or prosecutors Sometimes the evidence was fabricated by a corrupt crime lab. Sometimes the evidence was the lies of an accuser. Regardless of the evidence’s nature, an innocent person is in prison. How do you get them out?

Most people think a simple letter to the judge alerting him or her to the innocent person will result in immediate release. In many cases the judge’s staff will open the letter and promptly dispose of it; ex parte communication violates ethical rules. In many more, the judge will feel bound by the Ohio Rules of Criminal Procedure from taking any action. The judge would be right. Under the Ohio Criminal Rules, a person convicted who discovers new evidence must do so within 120 days of the entry of a guilty verdict on the charge. While that may seem short, it is generous compared to what defendants in Virginia face: 21 days.

With so many wrongfully convicted persons and such an arcane process, how do you go about getting your loved one out of prison? A skilled criminal defense attorney knows the process. Even beyond the 120 day limit, there are certain legal maneuvers available to an attorney with a creative mind and a no quit attitude. If your loved one is wrongly incarcerated, call The Law Office of Brian Jones to schedule an appointment with a creative, relentless attorney who will pursue all legal avenues available to see your loved one is released.

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