What to do if my brother is in prison for aggravated robbery with a deadly weapon but is innocent?

UPDATED: Nov 26, 2013

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What to do if my brother is in prison for aggravated robbery with a deadly weapon but is innocent?

He was sentenced to 30 years in prison. He pled guilty to the crime but he did not commit it. He was given bad advice from his attorney. If the person who actually commited the crime came forward and confessed, would that free my brother?

Asked on November 26, 2013 under Criminal Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Absolutely it would free your brother. Your family needs a new attorney to discuss the possibility of opening a new investigation, getting a confession from this person on tape and further, releasing your brother and suing the previous counsel for legal malpractice. This is why it is always important to never give a false confession, plead to a crime you never committed or retain ineffective counsel. You need an excellent, well-versed and experienced criminal defense attorney in the appeal process. This lawyer needs to work hand in hand with police and private investigator to obtain this confession. It will be hard unless this person is willing to come forward out of guilt.

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