Virginia | Appeals and Writs
Legal Question
My family is in search of a post-litigation attorney, licensed in the state of
Virginia - preferably in the Richmond metro-area, who specializes in
extraordinary writs (writ of error coram vobis and the common-law writ of audita
querela) concerning criminal matters.
The aforementioned qualifications are required to assist a family member who has
been incarcerated for 12 years on an illegal conviction. His conviction(s) were
based on an "error in fact" predicated upon the trial judges exceptance of an
erroneous fact concerning the nature of the offense he was tried upon.
Additionally, this factual error was attributable to the erroneous advice of the
prosecution. Further, this matter involves the fraudulent concealment of
documentary evidence, unknown by the accused, which provided notice of the
nature of the offense(s) intended to be tried by the prosecution.
This case is unique in nature, and, will require special attention, public
support (media and press support) and public sentiment to right a serious
miscarriage of justice.
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Legal Answer
You undoubtedly mean post-conviction rather than "post litigation attorney", and merely because there may have been an "error in fact" in the trial of the accused doesn't necessarily mean that the conviction was "illegal". Furthermore, your charge alleging "fraudulent concealment of evidence, unknown by the accused, which provided notice of the nature of the offense(s) intended to be tried by the prosecution", makes no sense whatsoever.(What might count in regard to this issue is whether the prosecution may have withheld evidence from the defense which could've been exculpatory but not the reason which you've referenced---unless somehow it was exculpatory and not disclosed.)
Better take a few steps back on this one, and, perhaps, get some advice from a Virginia criminal defense counsel before charging ahead any further with this matter.
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