Legal Question in Criminal Law in Virginia

can you Change the Plea to guilty after a trail

my step son has been convicted of first degree murder he continued to say he was innocent but since he came home from Iraq the behavior has been completly not him. They told us and its in his military records that he has PTSD he has been having bad night mareas flash backs ect, he now thinks that he might be guilty of this shooting what can be done now he was found guilty this past december 08 and sentenced to 63 years can he change his plea in the appeal process . and having a specialist in PTSD testify it does not give him an excuse but will that help in changing the charge to a lesser charge in order for a reduction in time


Asked on 3/16/09, 8:01 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: can you Change the Plea to guilty after a trail

No, if your son was convicted of murder this past December 08 after a trial of the case, he cannot now subsitute the findings and verdict of the trier of fact (judge or jury)in his case for his guilty plea to a lesser included offense in the forlorn hope of receiving a reduced sentence.

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Answered on 3/16/09, 8:25 pm


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