Legal Question in Appeals and Writs in California

ex post facto law

I have a cousin how has been incarcerated for 10 years , during his trial he was offered a plea of eight months, the supossed victim in thisevent, since the time of the trial as stood by my cousin , explaining this was an accident, , eight months after his arrest his sentence was changed due to a new gun law , that was put into place after the fact. the trial attoreny's mom died during trial, apeal lawyer took 30,000 from our family knowing he had cancer, he passed before any papers where filed. He has been inprison for 10 years for a crime that carries less than a year sentence, the victim in this case is a very close friend and till this day insit this is a big mistake. Eight months after his crime the gun law changed and now he is in with no hope insight. I am currently a criminal justice major and know that many of his constiontual right have been violated, I am just seeking some advice. What can be our next step


Asked on 3/13/08, 11:49 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: ex post facto law

I assume you mean that the gun law that was enacted after his alleged action increased sentences. Obviously it can not be applied retroactively;I find it very difficult to believe any DA or Judge would apply a criminal law in that fashion. He was convicted before the new law took effect, so his sentence could not be changed. I also doubt your family would have paid $30,000 in attorney fees with no paperwork on the appeal being prepared, especially on a simple issue as ex post facto laws. Some very important facts are missing facts are missing [such as, did he get into a fight in prison and was then convicted of that crime, why no one has gone to the DA and asked he be released, etc.]. Sorry, but the facts you cite do not hang together.

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Answered on 3/13/08, 12:53 pm
Terry A. Nelson Nelson & Lawless

Re: ex post facto law

You just 'know' his rights were violated? Well, IF they were, his remedy is an appeal based on those violations provable through competent admissible evidence. Ten years after the fact is just a little late to be making such claims, but he can try.

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Answered on 3/13/08, 2:06 pm


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