Legal Question in Criminal Law in Indiana
In 1996, a person was charged with first-degree murder and turned over the illegal weapon used in the crime. He was offered a plea agreement and plead guilty to a lesser charge of reckless homicide. The alleged manner of how the crime occurred was scientifically impossible. The defendant was convicted of reckless homicide, of which he is innocent.
Can a wrongful conviction after a plea deal be voluntarily overturned by the court, ending double jeopardy, & new charges be filed?
Asked on 9/16/16, 6:50 pm
1 Answer from Attorneys
Jay Rigdon
Rockhill Pinnick LLP
I am not sure I understand the full question, but if the conviction is overturned now via post conviction relief, then the original charges can be reinstated.
Answered on 9/24/16, 12:20 pm
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