Legal Question in Criminal Law in California

As a youth I was charged, convicted and did time in C.Y.A. for a crime I did NOT commit. Now, the ONLY witness, other than those truly guilty, has no problem whatsoever telling anyone and everyone that she LIED on the stand!

My question is, can she recant now so many years later and, thereby, have my record expunged and get some form of proof of exoneration?

Asked on 7/08/13, 6:56 pm

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

You have several problems... She would need to admit to the court and admit to perjury, you may have to beat the statute o f need to hire an attorney

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Answered on 7/08/13, 7:00 pm

Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Green. But even if the witness does recant her testimony, the court will not have to believe her. Most courts are very skeptical in situations like this. And even if the court believes that she lied at your trial, there may be other reasons why you would not be able to get the relief you want.

You should consult with a knowledgeable attorney to learn more about your options and your chances of success.

Good luck.

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Answered on 7/09/13, 12:18 pm
Anthony Roach Law Office of Anthony A. Roach

These kinds of matters are factually intensive. I could give you all types of examples, but one of them I remember was an attempt by Mikhail Markhasev, who was convicted of killing Ennis Cosby. He filed an appeal attempting to get a new trial claiming that the only evidence that linked him to the murder scene was a a written confession that another inmate admitted that he had forged. That allegation of course ignored DNA evidence tying him to the crime, and he later withdrew his appeal and admitted the crime.

An attorney is not going to want to take that kind of case or give you any advice until they review the entire matter.

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Answered on 7/09/13, 10:06 pm

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