Legal Question in Appeals and Writs in California

wrongful conviction due to prosecutorial misconduct...

coersion, and false statements by a witness threatened with jail time. How do I file an appeal? Either pro per or otherwise. He is currently sentenced to five years in prison.


Asked on 3/25/03, 11:46 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: wrongful conviction due to prosecutorial misconduct...

The grounds that you mention are more likely to be the basis for a habeas corpus petition than an appeal, but an appeal may also be possible depending upon the specific facts. When was the defendant sentenced? He has a limited time to file a notice of appeal, and that window normally begins when the sentence is entered. The deadline is inflexible; if a notice of appeal is too late then that is the end of it.

If there is still time to file a notice of appeal and he can't afford counsel, he can get one appointed by the court. If you want to retain counsel you can do so, but again time is important and you should get someone on board immediately.

I have handled many criminal appeals, and you should feel free to contact me directly if you wish to discuss this further.

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Answered on 3/25/03, 11:54 pm


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