Legal Question in Appeals and Writs in California
My boyfriend is being held on a double jeopardy case in prison can he get released while waiting for his appeal in the ninth circuit
Asked on 11/27/12, 12:03 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
He can file a Petition for bail and release. Unlikely to succeed, but he won't know unless he tries. If granted at all, bail will be quite high. Factor that into the decision to spend attorney fees in the effort.
Answered on 11/27/12, 12:37 pm
James Goff
James R. Goff, Attorney at Law
If your boyfriend files a petition for a writ of habeas corpus, the court can consider release on bail pending the determination of the writ petition. Again this would be rare and somewhat contingent on the nature of the issues raised.
Answered on 11/28/12, 4:17 pm
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