Legal Question in Criminal Law in New York
Raw deal and doing prison
My son is in prison for rape-made a deal-3yrs-no appeal-her word against his at time...I now have notorized statements from witnesses that heard the girl say he didnt do it -but she doesnt want to go to jail for false statements so wont come forward..where do i go with this information if i cant trust police in town?
2 Answers from Attorneys
Re: Raw deal and doing prison
Your son should get a lawyer to do a CPL 440.10 and/or 440.20 motion. He would get sworn affidavits from the witness. The girl could be subpoenaed and would be under oath and could be cross-examined by using those affidavits.
Re: Raw deal and doing prison
If the "deal" involved pleading guilty and acknowledging that your son did indeed commit the offense in return for a lighter sentence, it will be difficult to mount an appeal, however if your son was found guilty after trial based upon the evidence of the alleged victim, which you now have evidence was false, you should immediately notify the county district attorney and present the proof to corroborate your allegations, and petition the Court to re-open the case in the interests of justice.
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