Legal Question in Appeals and Writs in California
Cousin sentenced
Is there a way or a section that would benefit my cousin to appeal his sentence. Here's the situation: My cousin worked as a security guard for a Mercedes Company, I believe in Long Beach. One day he gets this urge to get into a mercedes and take it for a cruise in the lot. He loses control, and crashes the car into 2 other mercedes, into a fence separating the boundaries of mercedesw and toyota and damages i believe 7 cars in total. Of course he was fired, but was told that nothing could be actually done since he signed no papers stating that he knew not to touch the cars (common sense right?). Mercedes sued the security company and in turn sued my cousin. My cousin was told if he did not plead guilty he would serve up to 10 years and if he did, it would be up to 3 years.
My problem in this case is that I feel my cousin was not explained in terms he could understand, let alone no interpreter for the Samoan language he speaks fluently. Being unemployed, couldn't there have been community service or even parole since he has never been in trouble?
I would really appreciate any advise or assitance in this matter. My cousin is a fragile type and means no harm, but such imprisonment and punishment might cause suicide.
1 Answer from Attorneys
Re: Cousin sentenced
Failure to adequately explain the rights your cousin was waiving could indeed be grounds for an appeal. The fact that he has no job, however, is irrelevant both to his plea and to his sentence.
There is a strict deadline by which a notice of appeal must be filed. Your cousin should have the lawyer who represented him file right away if he hasn't already.
Assuming he is indigent, your cousin will be assigned an appellate lawyer who will represent him at public expense. If you want to discuss hiring a private lawyer for him instead you should feel free to contact me; I have almost fifteen years of appellate experience and am certified by the State Bar as an appellate specialist.
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