Legal Question in Criminal Law in California

I was convicted for methamphetamine sales in 2009 and was deported to Japan. My attorney at the time was actually a heroin addict and was under investigation and I was not aware of it until he was arrested and is facing criminal proceedings. My memory would serve to recall his intoxicated moments that I had disregarded as fatigue in my court appearances. Would a writ of Coram Nobis help in my situation? I feel I was misrepresented.


Asked on 4/03/10, 5:17 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Possibly, but I doubt it. Whether your lawyer's addiction matters depends upon the likelihood that it affected the outcome of your case. Even if you can show that he was ineffective, the ineffectiveness would be what matters, not the addiction that may have caused it.

Ineffective assistance of counsel ("IAC") can sometimes be raised in an appeal. It is more commonly raised in habeas corpus petitions, since proving IAC often requires additional evidence that cannot be presented in an appeal. It sounds like you did not appeal your conviction, but you may still be able to bring a habeas petition. That may be a better approach for you than coram nobis, though I would need to know more about your situation before I could be sure.

Fee free to contact me directly if you want to discuss your case further. I am certified by the State Bar of California as a specialist in appellate practice and have more than fifteen years of relevant experience.

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Answered on 4/08/10, 12:13 pm
Steven Mandell Law Offices of Steven R. Mandell

I don't know whether or not coram nobis is your best way to attack the conviction, but there is certainly a way to do it. I've read Ed Hoffman's response, and I agree with some of what he says, but I disagree with some of it. I completely agree that I would need to know more about your situation in order to determine what relief you need. You don't say where the conviction occurred, but if it occurred in Los Angeles or anywhere close, feel free to contact me for a free consultation. Steve Mandell 310 393 0639

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Answered on 4/09/10, 4:12 pm


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