How to Overturn a Wrongful Sexual Abuse Conviction

[2gettruth]

My question involves criminal law for the state of: Maryland
My nephew was accused of sexual abuse of his sister's child. He would not help the sister's separated husband get her back. The sister filed for divorce and her separated husband filed abuse charges against her and my nephew the following day. My nephew is absolutely not guilty but he was convicted because of this vindictive man.

What is the first thing that I can do to help him? He is not a child molester.

[flyingron]

At this point, NO. Your best helps would have been to get him a good lawyer at the time of his trial.

[aardvarc]

he was convicted because of this vindictive man

No. He might have been CHARGED with the crime because of a report made against him, but he was CONVICTED because either (a) he pled to charges, or (b) a judge or jury considered the evidence given at trial and found him guilty. If (a), he's pretty much out of luck. We can't really comment on (b) because we have no idea what evidence was presented at trial. All you can do to potentially help him is to hire him an attorney to try to find some basis for appeal (and do it QUICK, the window for appeal closes quickly, and if he misses it, it's gone forever).

[nite_riderusa]

At this point, hiring a lawyer who specializes in sexual convictions and appeals would be your best bet. If you have a legal aid society in your county, contact them and ask who they would recommend for filing an appeal. There can be many reasons why a person can file an appeal, like Attorney competency, new evidence that could clear a person (although that is a high bar to hurdle). etc.

[flyingron]

Given the fact that it's a year since the last post in this thread, it's doubtful that the poster is still around let alone any chance of further post conviction relief given the excessive time passed.