Legal Question in Criminal Law in California

hello my name is Troy Cowson i am totally confused about what to do. i was convicted in 2004 of lewd and lasivious acts with a minor (my daughter)which was 15 years old i didnt do this ,but i plead out because i was a black man in a very small town and was told that if i didnt i would get 16 years. in 2011 my my daughter out of guilt wrote out a notirized affidavit admitting that she lied in order to return to ohio to be with a guy she later married i have this affidavit and iam living in ohio but am on parole from california iam still under california custody i want to clear my name i have little money due to lack of employment because of this crime . what can i do with this affidavit? can it help me?


Asked on 4/14/14, 9:01 am

2 Answers from Attorneys
Greg Hill Greg Hill & Associates

Mr. Cowson,

You say you are still under custody, but also on parole. If you are in custody, or on probation, you can file a writ of habeas corpus to have the conviction challenged based on the affidavit.

Speak to an appellate attorney in your town.

Good luck.

Greg Hill

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Answered on 4/14/14, 10:05 am
Terry A. Nelson Nelson & Lawless

what can i do with this affidavit?

Nothing, unless you file an appeal based on newly acquired evidence. If you win an appeal and have the conviction set aside, then you could be removed from the sex offender registry.

If serious about hiring counsel to do so, and if this is in CA courts, feel free to contact me.

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Answered on 4/15/14, 4:15 pm


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