Legal Question in Appeals and Writs in California
I need legal advice. I falsely took blame for a sex offense against a minor. I took the blame for a relative when I was young and unaware of the true seriousness of the consequences till it was too late. I have already served my time and am on parole. When it happened the victim was willing to say it was my family member but I chose to take all the blame and plea bargin. However, he is resides in mexico and disappeared after the incident. I do not want to pay for this crime that I did not do for the rest of my life. I am willing to give any information needed about this family member. What are my options? Thank you.
3 Answers from Attorneys
It is extremely difficult to overturn a guilty plea after such an extended period of time. The only remedy would be a writ of habeas corpus attacking the validity of the original proceedings. It requires some constitutional defect which would depend on the record. Look at Sykes v. Superior Court, a California Supreme Court opinion. It is in the 3rd Series of cases 4 Cal.3d I think. It is not similar to your situation but demonstrates the use of habeas corpus while a defendant was on parole. Good luck, you need an attorney.
100% of convicts have a BS story about how they were only taking the rap for some other dude. For all I know your story could possibly be true -- but I don't believe it, and I doubt that anybody else will either.
You need to hire an experienced attorney who handles such criminal cases. It will be well worth the money to try to resolve the matter. But Mr. Stone is correct about the likelihood of anyone believing your story and Mr. Goff is correct as to the legal difficulties.
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