Someone else is now serving 7 YEARS for what my family member did. I want to help this innocent man with his appeal. What will happen if they grant him a new trial? Will I have to testify against my family member?
2007-12-16 14:47:25 · 10 answers · asked by Chillaxin 2 in Politics & Government ➔ Law & Ethics
My brother is the family member
2007-12-16 14:55:54 · update #1
Paul K can you hit me up on yahoo IM....Mz_bina
2007-12-16 15:25:53 · update #2
You may be an accessory after the fact if you witnessed it and never reported it. It is sometimes called Misprison of a Felony. I need more facts.
In addition to the Criminal side of this, there is potential civil liabilty for False Arrest and False Imprisonment. False Imprisonment under the Restatement of Torts.
If you want to help this man in prison, I suggest that you talk to a Criminal lawyer since this would be newly discovered evidence and seek his release. This man who has been wrongfully convicted has a Federal civil rights claim against those who brought the charges against him based on false evidence and violation of due process. That is my impression at first blush. I still need more facts from you. Then we can go from there. I don't know all the facts yet.
2007-12-16 15:03:11 · answer #1 · answered by Paul K 3 · 3⤊ 0⤋
I'm not totally positive of this, so I would recommend calling a lawyer. There are free legal service agencies in every city, just check the phone book for "legal aid" or something like that.
Anyway, if you can lead the police to evidence that your family member did it, then you probably won't have to testify. If it's just something like you head them talking about it, or you were the only witness, yeah, you might have to testify. Scary, I know, but so much better than trying to sleep every night knowing an innocent guy is in jail. good luck!
2007-12-16 15:10:34 · answer #2 · answered by ostraussey 2 · 0⤊ 1⤋
You have a moral obligation to call the police. More specifically ask to speak with someone who worked on that particular case. I'm pretty sure there's a way you can report this without having to testify in court, but you might have to appear before a judge in a deposition. Your brother would not know of this in that case.
Call the police and find out what would be involved and thank you for your interest in seeing justice served.
By the way, you're doing your brother no favor by protecting him with your silence. A person who commits a crime will often continue in this lifestyle until stopped by the law.
2007-12-16 15:01:31 · answer #3 · answered by wendy.bryan 3 · 2⤊ 1⤋
I am sorry you let an innocent man go to prison. You might be able to avoid testifying if they can get your brother to plead guilty. That also might lessen his sentence. I know this is a painful decision, but you must do the right thing and not ruin this innocent man's life. Good luck.
2007-12-16 15:02:52 · answer #4 · answered by lcmcpa 7 · 3⤊ 1⤋
Yes you will. Don't let an innocent pay for someone elses mistake. But I would make a deal for myself too. If you testify, you wouldn't be charged with adeing and abetting. Knowledge of this type and not reporting it is a crime too, and it is not teaching the one that did the crime anything.
2007-12-16 15:00:08 · answer #5 · answered by cprucka 4 · 3⤊ 1⤋
If you are the one supplying the evidence as a witness, I would think you would have to testify against your family member.
2007-12-16 14:50:38 · answer #6 · answered by Glenn T 3 · 1⤊ 1⤋
what does it matter!!! would you like to be the one stuck in jail for doing nothing and no one listening!! if someone has committed a crime they do the time!! you make the choice about whether you want to live with the guilt of wrecking another family or doing the right thing no matter what has to be done!
2007-12-16 14:58:23 · answer #7 · answered by Anonymous · 0⤊ 3⤋
Yes, you probably will have to testify.
You MUST do this. You CANNOT stand by and let an innocent man's life be destroyed. Good luck.
2007-12-16 14:51:13 · answer #8 · answered by Anonymous · 5⤊ 1⤋
Please don't let an innocent man suffer. What if it was you that was wrongly imprisoned?
Do that right thing. It won't be easy at all, but it will be worth it.
2007-12-16 14:58:53 · answer #9 · answered by Clarence Oddbody 3 · 3⤊ 1⤋
depends on what family member your husband they can't make you or your child father or mother
however cousins and such yes they can.
2007-12-16 14:50:33 · answer #10 · answered by truthteller 4 · 1⤊ 5⤋