Legal Question in Criminal Law in California

Re: fist time

Hello. After you brother has been sentenced his options for changing the sentence are limited. His conviction isn't final until the time to file an appeal has passed, which in the case of a felony is 60 days. After the the conviction is final the only way to revisit the conviction is through a process called a habeas corpus petition. Once he has agreed to a sentence he cannot go back to the court and ask it to be changed because the court has lost jurisdiction to do so unless he was given an illegal sentence.

If your brother was denied a constitutional right which led to his pleading to the offense then that is an issue that can be raised by way of a motion to withdraw his plea or an appeal. That brings your brother back to where he started before the plea was entered. He would still have to fight the case.

I hope this answers your question, generally. It is not advice, just an explanation of the process related to a situation like your brothers.

Good luck,

Elena Condees

Re: fist time

Hard position...may have an appeal waiver in the plea and/or appeal is limited to matters occuring AFTER the plea was entered...there are strict rules on appeals taken after a guilty plea, thus I can't say which rule may apply in the case...elsewise, the only remedy is a habeas petition ( special writ) on a constitutional violation in regards to the plea...if successful on any grounds, the case is reinstated with all the original charges...

DJM