Legal Question in Criminal Law in Michigan

plea bargains

My boyfriend is in prison now. He made a plea bargain 7 years ago and now wants a retrial. The reason he wanted a plea bargain was because the witnesses to the crime did not want to speak up, however a few have contacted him in recent weeks and wants to right their wrongs and speak up for him. What is the best thing to do?


Asked on 11/27/07, 1:10 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: plea bargains

Your boyfriend needs to talk to a criminal appellate attorney.

In general, it will be difficult for him to un-do the situation he is in because he pled guilty ... meaning that the judge advised him at his plea about the consequences of his plea (including the rights he was giving up, like the right to a trial and to confront witnesses and bring in witnesses FOR him), and he admitted that he committed the crime.

One option now, however, is to file a "motion for relief from judgment". This will require paperwork being filed in the trial court explaining the situation, and in all likelihood these new-found witnesses will have to come forward and give testimony at the hearing in order to convince the judge that this isn't all just re-written history meant to help out your boyfriend.

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Answered on 11/27/07, 8:08 am


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