Legal Question in Appeals and Writs in California

Erroneous advice by counsel ,just revealed.

5 YRS. AGO I had a pipe burst in my house and hot water was spraying i went to a store for tools after i paid for them i was grabbed and accused of theft.a 11.00 item was in my cart these men grabbed me i jerked away because i have a spinal cord injury a decade earlier which left me 20% permanately disabled .i never hit no one. i was tacken to jail and charged with robbery .days later i got out my home was ruined and i hired a lawyer,when i gave him a list of character witnesses he said they weren't allowed in cal.criminal court.My list had 9 judges ,2 navy officers. 3 star air force general, 2 DA'S,1 sheriff,1cop,+ others. attorney claimed the entire 7 months before the trial that it would be dropped,I also had 5 drs. who would give testimoney about my health.he said we didn't need the drs. since he was having it dropped.went to trial and i was told that the prosecutor had been switched and i couldn't call witnesess DUE TO RULES so i had no choice he said but to take a felony no contest or go to jail.i took the plea and left the state.I was reading the paper and saw something about character witnesses what can i do i was innocent and misinformed.


Asked on 7/18/03, 1:27 pm

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: Erroneous advice by counsel ,just revealed.

You should immediately contact a lawyer who does legal malpractice, and who knows about, or has a connection with, a criminal attorney. There might be something which can be done. Keep a copy of the paper where you saw the story which prompted your question, or get another copy of it.

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Answered on 7/18/03, 1:49 pm
James Goff James R. Goff, Attorney at Law

Re: Erroneous advice by counsel ,just revealed.

Often a legal remedy is dependent upon the length of time that has elapsed since these events that you describe. However, assuming that they are of recent origin you have a couple of possible remedies. You can go back to the sentencing court and move to withdraw your plea or you can file in the same court a petition for writ of habeas corpus. The form for the writ is available at most courthouses from the criminal clerk. Be aware that if you are successful that you will be placed back to the point of facing the original charge and if you are not successful at trial the penalty could be more severe depending on what has gone on since the original charge was filed. Good luck.

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Answered on 7/21/03, 5:18 am


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