Innocently convicted in Maryland

[sin_d3322]

What is the name of your state? Maryland

I am representing a friend who recently served 4 months awaiting trial for assault and now has 5 years probation.

My friend walked in on his former girlfriend and another man. He did assault the man, but never laid a hand on the girl. However, she made a claim to the police that he strangeled her to the point she lost consiousness. There was a warrant out for his arrest until he turned himself in a month later after he learned that he had a warrant.

His bond was $75,000 and he could not post bail, so he served four months and in turn lost his job working with the mentally challenged where he had worked for 4 years.

He was wrongly accused and also wrongly convicted. She had no pictures, no bruising, no evidence. It was her word against his. She even called in January when he was released to make sure he was ok.

He has had no priors, no arrests, no misdemeanors.

Can anything be done as far as appealing, sueing for lost wages, etc...?

 

[AmosMoses]

You said:
I am representing a friend who recently served 4 months awaiting trial for assault and now has 5 years probation.
My friend walked in on his former girlfriend and another man. He did assault the man. . .

He was wrongly accused and also wrongly convicted...

I say:
???????????????? He did assault the man, but he was wrongly accused and convicted... WTFIUWT???

You say:
Can anything be done as far as appealing, sueing for lost wages, etc...?

I say:
For what?

 

[AmosMoses]

Now, the guy who got assaulted could likely sue your buddy, if he was hurt significantly. Surely you jest that you represent this guy legally!

 

[sin_d3322]

Ok, it does sound funny, but the point I want to make is that this girl was wrong and shouldn't be allowed to get away with it.

He never laid a finger on her. I can understand if he still has a record for the man, but as far as 1st degree assault for her, that's ridiculous, she lied!!!

Because she cheated on him and made up some story, his life could be ruined.

He's never had any priors, never. Now he has a record for first degree assault that never happened!!!

At the very least, I'd like to know if the 1st degree assault can be reduced to 2nd degree or lower.

I'm just a friend trying to help a friend. I do not have a lot of knowledge in the law field.

 

[JETX]

I won't get into the other issues, but will limit to only answering your specific quetions....

"Can anything be done as far as appealing, sueing for lost wages, etc...?"
*** For the sake of argument, lets assume that what you claim is true. The following questions need to be answered:
1) Was his sentencing a result of a plea bargain?? If so, then he pled guilty to the negotiated charge.... and no appeal or challenge.
2) If he was found guilty by trial, we assume that the 'victim' testified and your friends attorney had the right to challenge (cross) her testimony. The court (or jury) made a determination of the facts as presented and found him guilty.

So, with the above FACTS, how does your now claim of innocence affect the outcome of this case?

 

[sin_d3322]

Thank you JETX for your intelligent advise and help.

I just contacted my friend and he said he has two counts of 1st and 2nd degree assault and 1 count of malicious destruction.

He did pled guilty to get the plea bargain, because he says he felt like that was the only thing he could do.

So does this mean that there's nothing he can do? Is there any type of sentance reduction that can be done?

I'm assuming the 1st degree assault charges are stemming from his former girlfriend and the 2nd degree assault charge is from the actual fight with the man. I did not know about the malicious destruction charge until now.

I appreciate your help.

 

[JETX]

Nothing can be done....
Do the crime, serve the time!

 

[sin_d3322]

Well, I can't ever say I didn't try.

Thanks JETX for your help.