Printable View
My question involves criminal law for the state of:georgia: I have original indictment with proof that was signed by my ex wife stating she was prosecutor for the state of Georgia against me I want to know how to file in court to have this conviction over turned, or at least to have someone look at this case. This is malicious prosecution or at least wrongful conviction. I have been fighting this for years. Where do I turn to?
This makes little to no sense. Your ex-wife is a prosecutor in the state of Georgia? Her office filed charges against you for something and secured a conviction? Just because your ex-wife works in the prosecutor's office or even is the prosecutor doesn't mean it was malicious prosecution or a wrongful conviction.
You would need to have the entire case file reviewed by a competent defense attorney but if it's been years, you may have no avenue of relief available at this point depending on the full facts.
no she was never a lawyer at all, she signed as the prosecutor and also signed as a witness on the same indictment accusing me of molesting my daughter in 1993. I have been trying to get my record expunged but now I want to have my record overturned. I have obtained the original documents and have proof that these documents were signed under perjury, we were going thru a very nasty divorce. This sounds crazy but my daughter has even signed statements sayings this never happened, she is now 33 years old and we are trying to prove this has all been lies.
I was in the military and was never even arrested only detained when she made the allegations, when I came out of the army my attorney gave me wrong advice and had me sign a plea agreement or face 20 years, I wanted to fight this thing but he keep telling me to take the plea, I just got done with combat and was very confused, but knew I never done this to my daughter
So your wife swore out a warrant for you? Then it's not at all unusual that she is listed as a witness as well. What do you mean the documents were signed under perjury? That makes no sense. You are saying that the allegations in them are completely and knowingly false?
What do you mean you weren't arrested while in the military but faced charges when you came out? You need to present a clear, coherent timeline of events.
You plead guilty? That's gonna be a problem. Did you have your own attorney or was it a public defender?
You might have had a cause of action in the past but after 25 years, you are going to have a much harder time finding any kind of relief.
my ex signed the indictment knowingly and willingly under false pretense signed the indictment as the mother of the victim under a married name and also as the prosecutor for the state of Georgia, and filed them with the court and I was charged with molesting my daughter and this never happened. I was in the military and was detained but never formally charged but when I was released from the military there was already a court date set 3 months later for me to enter a plea bargain agreement of no contest or face 20 years. I just got back from combat duty and we were in the middle of a nasty divorce. I was blind sided and just discovered thru the court system all the paper work and copies of all the documents that were filed. The court house burned down years ago and everyone thought the paperwork was burned also, I have found the original paperwork and have copies of it all
Her falsifying the documents should be a criminal charge on its own regardless of who it is against I would assume. Representing yourself as the State of Georgia Prosecuting Attorney would that not be illegal?
This happened in 1993. Even if a crime could have been proved at the time, prosecution is time-barred by the statute of limitations. For crimes other than forcible rape, murder, certain crimes against minors or crimes potentially punishable by death or life in prison, the standard statute of limitations in Georgia is four years.