Legal Question in Criminal Law in California

Attempted Kidnapping

My brother is currently serving 18 months in a California (wasco) state prison for attempted kidnapping. He mistakenly grabbed a woman by the arm that he thought was someone else, a friend. When the lady screamed, he panicked and ran. He was diagnosed with Bipolar disorder 5 years ago, and this is his first offense. They put him in the general pop until he sees a counselor and are not giving him his meds and I'm afraid he is becoming suicidal. They scared him into taking a plea to avoid doing 3 years and a sex offender. He did nothing wrong. Please tell me if there is anything that can be done at this point.


Asked on 3/27/08, 1:03 pm

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Attempted Kidnapping

He could possibly have his guilty plea vacated/set aside. An attorney would need to review the case and evaluate whether, for example, there was ineffective assistance of counsel or some other legal or technical grounds to invalidate the judgment. He needs to be aware that at best he could re-open the case and the prosecution would proceed against him anew. If his chances of prevailing at trial were slim to begin with, I am not sure whether such a move would be worth it. However, inexpensive evaluation might be worth it.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/27/08, 2:40 pm
Terry A. Nelson Nelson & Lawless

Re: Attempted Kidnapping

No.

Not unless there are sufficient grounds for an appeal based upon ineffective assistance of counsel, which is a tough showing. If he represented himself, no appeal. Even if he spent the substantial money to do such appeal, he would be out by the time it is decided, thus moot. If by some miracle, it went his way and quickly enough to be decided before he got out, that just means he goes back into court and to trial, or could try to make a new deal [unlikely to happen at that point]. Conviction on his charges would result in a lot longer sentence than he pled to.

Pay to get him a psychiatrist to go examine him and make recommendation for medications. It might be possible to make a motion in court requiring the prison to provide his meds or new ones. Feel free to contact me if you're serious about doing that.

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Answered on 3/27/08, 4:24 pm
Gordon Fauth Fauth Law Offices

Re: Attempted Kidnapping

An attorney would need to go over the record to see if there are grounds for overturning the guilty/no contest plea. If your main concern is your brother's treatment while in prison, you might call Charles Carbone, 415.981.9773, www.charlescarbone.com. He does prison law, and is a good guy. Tell him I referred you. Gordon Fauth, www.classlitigation.com

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Answered on 3/27/08, 5:09 pm


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