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this case is regarding the current cases of Dr. Charles Smith. In which a person pled guilty to a charge and are no wanting to get it changed to inoccent.

2007-12-08 08:42:43 · 4 answers · asked by blueeyedbitchca 1 in Politics & Government Law & Ethics

this case is involving Dr. Charles Smith. The Canadian pathologist who is under investigation. A mother pleaded guilty to aggravated assult causing death. She now is saying she was wrongfully comvicted and is innocent. Does anyone know Canadian law enough to know if her plea of guilt can be overturned. Thank you to all how help.

2007-12-08 11:08:35 · update #1

4 answers

When someone pleads guilty they give up all rights to any appeals the thing that can change is if a sentence is handed down and an appeals court finds it cruel and unusual.

Secondly what the guy Fraginal says is wrong. Because before the judge accepts a guilty plea he asks the accused is the admittance being made under duress or did he/she receive any promises for their pleading guilty.

2007-12-08 08:48:09 · answer #1 · answered by lifelongskinsfan 3 · 1 0

Prove that the plea of guilty was erroneous or was made through influence so that the case can be overturned.

2007-12-08 08:48:27 · answer #2 · answered by FRAGINAL, JTM 7 · 0 0

Yes, you may retract your plea of guilty.

It doesn't automatically make you innocent of course, but changing your plea from guilty to innocent would give cause to have a trial, which does give you a chance to get it overturned.

Good luck to them though, cause its really rare to do it successfully.

2007-12-08 09:02:42 · answer #3 · answered by Anonymous · 0 0

Sounds to me like someone has lied.

2007-12-08 08:46:35 · answer #4 · answered by Scott 3 · 0 0

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