Saturday, August 21, 2010

How can my fiance get a fair trial in A Federal Case that he did not do.?

He was charged back in 2007 with possession of a Firearm by a convicted felon in which he did nothing wrong but he admitted to do so. I was able to look up his case on-line and something stood out to me how can i convince him or someone else that he was wrongly convicted and get him set freeHow can my fiance get a fair trial in A Federal Case that he did not do.?
';he admitted to do so.';





He was convicted because he said he did it.





Not much you can do about that.





If he now says he didn't do it, then he is lying, either then or now.How can my fiance get a fair trial in A Federal Case that he did not do.?
You didn't give a great deal of information in this case, and I am NOT giving you specific legal advice. I presume that your fiance has an attorney. If he doesn't, then for specific legal advice, he needs to consult an attorney who specializes in federal criminal defense in your jurisdiction.





In general, when one pleads guilty, the judge makes a series of findings. This includes, (but is not an exhaustive list), that the person is pleading guilty voluntarily, and because they are indeed guilty. He/she makes sure that the person understands that they are pleading guilty, they are not doing so because of some , and that there is indeed a basis for the guilty plea.. i.e there has to be some evidence that a crime was committed and that the defendant in fact committed the crime.





If you are dealing with a conviction, then he has either already had a trial and was convicted at trial, or he pled guilty. No way to know since you weren't specific. Overturning a conviction, assuming that the trial court heard from witnesses and the judge or jury had an opportunity to determine their credibility, is incredibly difficult if there were no other difficulties in the trial.





As I said earlier, if your fiancee doesn't already have a laywer, he will need to obtain counsel to have any hope of getting the specific legal questions answered. For a referral, contact your local or state bar association.
Can't.


In Federal Court, Juries are unlawfully instructed to judge ONLY the facts. They can't reason that there was no crime in the first place. They are told that if they believe the Prosecutor's story HAPPENED, the defendant is guilty.


Federal Juries OFTEN ';convict'; defendants even when what they DID isn't illegal in the first place so don't hold your breath looking for a loophole.
If he admitted to it and pled guilty there is no way out of it. When you plead guilty the Judge asks you if you willingly plead guilty and explains to you the rights you are giving up by doing so.
Lawyer.





Period. he already had a fair trial. He admitted it.





I wouldn't hold my breath.
Talk to his Lawyer is where you need to start. But remember you better have a good case because 90% of people in prison claim their innocent.
If he admitted it and plead guilty, that's it.

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