Legal Question in Criminal Law in California

conviction appeal

my brother committed a petty theft at a large retailer in ca., after all was said and done, he was given 25 to life. at his trial, absolutely no eveidence on his behalf was ever used. in store security told a completely different scenario than what actually happened. i was there and it has to be on retailers surveilance video since it happened directly below the camera. end of trial, my sister was told by store security, if i knew he was going for 25 to life, i would have told the truth! would this retailer have this video in their archives, or could it have possibly disappeared. and could the retailer be subpoenad to come forward with it


Asked on 3/05/08, 1:10 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: conviction appeal

The sentence seems outrageous..if your brother has only committed petty theft. Did he have any prior offenses? Did he use gun? Was he represented by the public defender?

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Answered on 3/07/08, 12:25 pm
Terry A. Nelson Nelson & Lawless

Re: conviction appeal

All these questions should have been asked, evidence sought out, and issues raised in his defense, by his counsel at the trial. Asking them now is of no value, unless he can somehow establish a credible and supportable claim of 'incompetence of counsel' as the basis to bring a timely appeal. If he was pro per at trial, there is no such claim or appeal. If you think that appeal is legitimate, feel free to contact me, if he is prepared to incur the substantial fees and costs of such appeal. If not, he can try to find a 'prisoner rights' public interest law firm willing to look at the file.

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Answered on 3/05/08, 2:37 pm


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