Legal Question in Criminal Law in Virginia
Convicted of a crime that I did not commit
A friend of mine was convicted of stealing a piece of construction equipment. The state of VA has no evidence, fingerprints, or witnesses whatsoever, proving it was him. The Prosecuting Attorney pointed him out to the witness on the stand, just so he could call him out. He was given 6 years; three were dropped. He is also being charged with receiving stolen property in NJ. His boss was the one purchasing this equipment for his construction business. He is requesting from his lawyer to file an appeal. What cases should he look for to make his case strong enough to justify them not having any evidence at all?
1 Answer from Attorneys
Re: Convicted of a crime that I did not commit
Your focus is misguided. Rather than looking for particular cases as a first and foremost consideration in guiding your friend's appeal of the Virginia conviction, his appellate attorney's focus instead should be on any errors made by the court or the prosecution and which were objected to by defense counsel and preserved for the record on appeal. These errors could involve issues of law or fact related to the prosecution of the case or other issues such as juror misconduct or other improprieties which may have occurred during the course of the trial and which unfairly prejudiced the outcome of your friend's case. The appeal itself but make specific assignments of error in order to have any chance of success.
One thing further: The state clearly had some compelling evidence against your friend or he would not have been convicted beyond reasonable doubt. Prosecutors do not secure guilty verdicts simply by "pointing defendants out to witnesses on the stand, just so they can call them out," without having much more evidence that will convince the trier of fact that the one accused in fact is guilty beyond reasonable doubt. Indeed, very much more.
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