Legal Question in Criminal Law in California

Re: Convicton reversal

No prison official has the authority to overrule a guilty verdict under any circumstances. If the defendant is going to be released he will need a judge's order.

The defendant will have to bring a petition for a writ of habeas corpus. He will not be freed unless and until he wins his petition and the government either accepts that decision or loses its appeal therefrom.

Bear in mind that favorable new evidence may not persuade the judge that the defendant is innocent. This type of petition is very difficult to win. Please feel free to contact me directly if you want to discuss the inmate's options in more detail.

Re: Convicton reversal

The writ and appeal process is time consuming, with no guarantee of success, even with strong new 'allegations' of innocence. If serious about pursuing this, and able to bear the substantial cost of doing so, feel free to contact me.