Legal Question in Criminal Law in Virginia
False Arrest
I was arrested in 1979 on an attempt rape charge. I pleaded not guilty but was sentence to 34 years in prison. During an appeal hearing in federal court I found out that there was a statement make by the woman that a white man had tried to rape her. The commonwealth attorney withheld this evidents from my court appointed attorney. Can I file a civil suit for violation of my civil rights and for withholding evidents that could have proved my innocents?
1 Answer from Attorneys
Re: False Arrest
Your remedy for these alleged injustices would appear to lie with the Great Writ of Habeus Corpus found at 28 U.S.C. Sec. 2254 wherein all of your above mentioned claims could be raised and presented to the appropriate federal court for its consideration and adjudication.
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