Legal Question in Appeals and Writs in California

Cristina Pulido

My cousin was just sentenced on Saturday December 8 2007. He will spend 26 years in prison for a crime he didn't commit. He was with his gang memeber friends when they shot a guy and although no gunshot residue was found on him or his clothes he pinned the crime on himself. For this reason his lawyer never showed up to court. I want to know if there is anything that can be done despite the lack of evidence and his confession?


Asked on 12/13/07, 2:24 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Cristina Pulido

You need to speak to his attorney first. You make it sound as though the attorney did not appear in court at all, as opposed to your cousin pleading guilty and having a sentencing hearing.

If having had reasonable advise from an attorney, he decided to plead guilty then I assume he would have to attempt to withdraw his plea. Certainly if he will tell the D.A. who committed the crime he is likely to be more successful or at least get a reduction in sentence. If a person confesses and their is reason to believe that he could have committed the crime, why would he not be found guilty? Find out first if your cousin is willing to recant his plea and tell the authorities what happened, because if he is not nothing probably can be done for him. I am not a criminal attorney so you need to talk to one just to be sure you have done everything for him that you can. You also need to know what he was convicted of; you are an accessory to a felony if you are present at the crime scene and are assisting the person who actually pulled the trigger or were aware of what he was going to do and took no steps to prevent it.

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Answered on 12/13/07, 2:46 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Cristina Pulido

I very much doubt that the lawyer never even showed up in court. Few lawyers would do that, and no judge would accept a plea entered under those circumstances. It's more likely that the lawyer advised the client to plead guilty instead of going to trial. Such things happen all the time.

A defendant who has pled guilty has few options, and some of those he does have will disappear if he doesn't take quick action.

I have handled many criminal appeals and am certified by the State Bar's Board of Legal Specialization as an appellate specialist; please feel free to contact me directly if you want to discuss the case in more detail.

P.S. This question should have been rejected because it includes the name of the user or the defendant; I answered it only because it had already been answered, thus making it impossible to reject.

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Answered on 12/13/07, 3:16 pm


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