Prison Sentence?

Question

If someone is accused of being a "peeping tom" or of viewing another person while in private moments can those charges be reversed and all penalties avoided? One of my family members was taken to jail because his niece (19 yrs old) accused him of setting up a camera in her room and stated that he viewed her nude. He did in fact set the camera there, but the camera was never connected nor was it ever used. He stated that he set up the camera there to verify whether she was using drugs. Regardless of that the camera was found in her room. He has been sentenced to prison time and then community service as well as sexual help classes. His niece wants to take back what she said because she admits she lied but he is still going to go to prison. Shouldnt all charges be dropped and he let go if his niece is retracting everything she once said? or is the fact that the camera was in her room sufficient evidence for the sentencing?

Answer 1

It's not at all that simple. He was convicted. Now, the only way out (I'm guessing the D.A. won't just roll over and play dead) is to begin an appeal. The appeal issue is called "actual innocence." The rules vary among the states on where and how to begin and when and if he can get appointed counsel for appeal. If the camera was connected and ready to use, you can't know for a fact if it wasn't used, and the conviction was probably based on setting it up with the intent to sexually gratify. Apparently, his story wasn't credible in court. An attorney familiar with the case would have to advise on whether or not anything the niece could say at this point would make any difference. People appeal cases all the time with affidavits from witnesses changing their stories. Very, very few of them are reversed.

Answer 2

Did he plead guilty or was he found guilty at trial?  Furthermore, his niece could be charged with perjury.

Answer 3

I agree with the first answer and what a shame :(