Legal Question in Criminal Law in California

I ask question of law for my friend. He was arrested as his wife purposely called 911 for domestic violence. But he didn�t push and hit his wife. He had to guilty and signed the agreement as he had no money to pay the bail $50000 and didn�t want to get into the jail again. He got an restraining order from the count that he didn�t directly and indirectly his wife. After he was released, someday he logged in his wife email account on line by password that his wife offered to him last year. He found an email sent from his wife to her mother. This email had been sent for 3 days before the case happened. His wife wrote to her mother in this email that if her husband would not be citizen to apply green card for her, she decided to purposely quarrel with her husband and make him angry, and then call 911. Her wife purposely created the domestic violence to apply green card for her to stay in the USA legally.

Now my friend wants to ask if it is available to appeal to count with this email as evidence and return his innocence.


Asked on 11/07/12, 2:43 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, he could try to file an appeal or other proceeding, on the grounds of new evidence. However, since he pled guilty, it is unlikely that will succeed. If he is serious about doing so have him contact me to discuss the substantial attorney fees involved.

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Answered on 11/07/12, 5:21 pm


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