Legal Question in Criminal Law in California

I want to know is it illegal for a county jail to hold someone who was released from prison to go home and county ended up keeping him. It has been about 1 year and counting since he has been released.

My brother in law spent 24 yrs in prison for a crime he didn't commit. he pleaded innocence but was found guilty(set up). His crime is posted as burglary, robbery, and unlawful intercourse. he got released form pelican bay prison last year just before thanksgiving and the family was hoping to see him, but when he got to the county they didn't release him. He has been in county over a year and counting. Family is unable to visit, so we have no ideal what's going on. County says he has to take classes to make sure he is fit to enter society again. He told the county he already to the classes while in prison so that he would not have to go through what he is going through now, but county will not believe him and the paper work stating all of his classes from prison never reached him.

Family also paid a lawyer, but the lawyer took money and then called a couple days later and said he would not be able to take the case. The family is deeply saddened and a life has been turned up side down for nothing.

Can you pleae provide a soultion, what can we do, we need major help!!!


Asked on 1/04/10, 1:49 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Inmates aren't transferred from prison to a county jail "to take classes to make sure [they are] fit to enter society again." There must be some other reason your brother is being held.

You mention he was convicted of unlawful intercourse; was he convicted of other sexual offenses, too? Many sexual offenses allow the prosecution to seek a commitment to a state mental hospital under the Sexually Violent Predator (SVP) statutes. This can turn out to be a lifetime commitment.

Without specifics, it's hard to give any meaningful advice. If the prior lawyer said he could not take the case, he should have refunded the money. Visit the State Bar website for more information on fee disputes with lawyers.

http://calbar.ca.gov

A responsible lawyer would not have taken your money without finding out exactly why the jail is holding him. Any attorney who is respected in his or her community should have been able to do this with a couple of quick telephone calls. The lawyer should then have given you an overview of what he would do to correct the situation.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/09/10, 2:13 pm
Terry A. Nelson Nelson & Lawless

Inmates are 'held' in county jail only while awaiting trial on new charges, or to serve 'county' time previously ordered. Your stated facts make no sense, there is something you are missing. If serious about hiring new counsel to at least determine what is going on, feel free to contact me. In the unlikely event that this is a 'mistake' and he is wrongfully held, then we can discuss his rights and remedies.

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Answered on 1/11/10, 10:55 am


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