Legal Question in Criminal Law in California

Appeals

My son had 2 cases of domestic

violence with the same girl, even

when a restraining order was in

effect she remained in the home

causing the second allegation and

ultimately resulting in 2 strikes, an

enhancement and 9 years in prison.

The evidence was all there, I hired

P/I, Attorneys and provided medical

reports because he had brain injury

from rollover accident and I had/have

Dual Power of Attorney. I asked

several times that a mental

evaluation be given to show he was

not mentally capable to standing trial

and it was ignored in both cases,

instead Attorney made plea bargain

for 9 years. Do I have recourse for an

appeal? ( He was cohurst into plea)

they scared him with 30 years and I

was not allowed to speak so he

signed the deal. He never had a

record in his life prior to accident. He

was sentenced in 2007 after trial 2

years of postponements and constant

beatings from guards because he was

too slow!


Asked on 11/20/08, 2:50 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Appeals

You are a good father for having supported your son in his criminal case.

You could file a writ of habeas corpus on grounds including ineffective assistance of counsel, or that your son's brain injury rendered him incapable of entering a knowing and intelligent plea bargain. The odds of success depend on the detailed facts of the case and the degree of brain injury as reflected in the medical reports.

As to jail beatings, the statute of limitations is two years for filing federal civil rights cases. Usually there is a negligent medical care allegation in such cases for which the time limit is six months, or at most one year, and these time limits are NOT extended or tolled by his incarceration.

As is obvious, whether or not either of these courses of action will be cost-effective for you is something you will need to carefully consider.

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Answered on 11/20/08, 4:27 pm


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