Legal Question in Criminal Law in California

Hi, I'm David.
I have a family member of mines , that's doing 40 to life.(2degreed187pc.)
From statements ... I have a friend that knows, the witness and talk with this person about what happend , she said she was wrong, she lied the police press her , she wish she could do something about helping him...Now i would like to know , could that person phone record help him... And if so how do he go by getting that record?

Asked on 11/30/12, 1:02 pm

2 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

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Did your family member have a trial or did s/he plead guilty? Was s/he convicted by a jury?

In one case you're talking about a re-opening of the case or appeal, in the other you're talking about withdrawing the plea.

Both are difficult but not necessarily impossible with new evidence. Unauthorized wiretaps won't be the way to go though.

If the other person truly wants to help; she could contact the District Attorney's office and speak to someone there. An attorney mediating will be helpful. Talk to some local criminal defense attorneys.

It's unlikely someone will admit they lied but it's possible. However even if someone admits they lied, it doesn't necessarily mean the new story will be believed.

Good luck!

Answered on 11/30/12, 4:37 pm

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