Legal Question in Criminal Law in Michigan

Child Abuse

To Whom It May Concern:

First: If a child has been abuse and the case have been to court, and the court sent the wrong person to jail. Can the same case be reopen and charge a different person for the same crime?

Secondly can the person that pleaded guilty be recharge for not telling the truth in court?


Asked on 10/26/07, 10:29 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Child Abuse

Theoretically? Yes ... and probably not.

But you are assuming a LOT with your questions -- mainly that "the wrong person was convicted and sent to jail" when there was a GUILTY PLEA. Most people don't plead guilty accidentally. The procedure is a formal process in front of a judge, in court, on the record, with a dialog with the judge laying out the rights being given up and the possible penalties, and a detailed statement by the defendant about what he/she did that violates the law. To say "another person did it" after all that took place is odd, indeed. Maybe the 'other' person was ALSO involved (2 perpetrators)?

You should inform the prosecuting attorney and the agency that investigated this case with your new information. Prosecutors have a duty to seek justice, not just get convictions ... so if an innocent person is in jail, that prosecutor needs to look into the new information ASAP.

A perjury charge against a person who put himself behind bars already for lying that he was guilty is unlikely.

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Answered on 10/26/07, 4:18 pm


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