Legal Question in Criminal Law in California

Appeal

TO WHOM IT MAY CONCERN I want to ask a question I have a brother who was accused of robbery and he went to trial and they found him guilty and sentence him to 17 years in jail he pleaded himself not guilty. He has been there 7 years and I wanted to know if We can appeal the case. He has good conduct and never gotten himself into any trouble.


Asked on 7/27/02, 5:09 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Appeal

Can you appeal this case? Well, the answer to that is a resounding: MAYBE.

Sorry if that sounds glib, but you really need to provide dates and more details about the trial to get a more precise answer, or you may wish to sit down and speak to someone about the case first.

Appeals have strict time limits and are based upon trial error, not based upon his behavior in prison. What you might need is a parole or probation hearing, some type of writ or petition, but it's not clear from your question.

I hope this helps, but if you want more information, please feel free to email or call my office.

Read more
Answered on 7/28/02, 10:14 pm
Gary Olive Law Offices of Gary Olive

Re: Appeal

A person has a right to appeal their case provided they have filed a Notice of Appeal within 60 days of the judgment (sentencing). Therefore after seven years it is doubtful that the right to appeal still exists. However, if this person is truly innocent or was railroaded in some way, then they may file a Writ of Habeas Corpus. These are longshots to win, but they are the only legal means a person in your brother's posistion has to try to gain their freedom after a "wrongful conviction."

Good luck

Read more
Answered on 7/28/02, 12:27 pm


Related Questions & Answers

More Criminal Law questions and answers in California