Legal Question in Criminal Law in California

Re: Life in prison

I am so sorry to hear about such a tragic situation. Yes, there probably is a potential for an appeal here because life sentences for capital crimes can almost always be appealed, as perhaps can the underlying conviction. I would assume he had a criminal defense lawyer in his case. Why wouldn't that lawyer be able to file an appeal of some kind?

Yes, we might be able to assist you, but could not do so on an unpaid basis. While I am licensed in California, I do not in the past do appellate work. However, I know an attorney who is not licensed in California but who does do a lot of and loves appellate work, and I have a criminal lawyer friend in San Diego. Together, we could probably put together some kind of appeal.

If you would like us to do a preliminary investigation, please send me a confidential e-mail outlining the following:

Is there somebody who would be willing to pay us for this appeal? We could probably offer a very reasonable price, but appellate work is extremely time-consuming.

Is the previous defense lawyer willing to be involved or has he/she washed his/hands of the matter?

What is the court in which he was convicted/sentenced?

What were the exact charges on which he was convicted?

Did he have a prior criminal record, and if so, for what?

Please provide greater details on how this fight occurred.

Please indicate whether someone can get the entire file, including transcripts, from the attorney who represented this person at trial and send it to me. I suggest copying the entire file before sending it in case it gets lost.

You can reply before getting the file. Just indicate whether someone will get it from the previous attorney if they are no longer willing/able to assist in an appeal.

I will then look things over, consider what we might be able to do, and provide an estimate of our fees.

I would add that it is possible that you might be able to get free legal assistance from the American Civil Liberties Union if constitutional issues or other issues of national policy importance are involved. I do suggest you try them before committing to us or any other lawyer, but I also suggest you not delay in getting us what we need to assess your case. Nobody will be charged before we indicate that further work will require pay. Eventually, we would need this individual's written consent to represent him.

Send your response to [email protected]. I look forward to hearing from you.

Re: Life in prison

from the facts given, especially in light of the fact your friend received a life sentence, he should be able to have an appeal as a matter of right. further, if your facts are accurate, it sounds like your friend definitely has a good chance at succeeding in his appeal as well. if you would like further legal assistance in this matter, feel free to email directly as soon as possible. hopefully, we can get this nitemare behind your friend one and for all and get him liberated as swiftly as possible.

Re: Life in prison

Thank you for your inquiry.

You didn't mention whether or not the life sentence was under a plea bargain agreement (meaning your friend pled guilty and agreed to receive life in prison) or whether he was found guilty at trial.

If he pled guilty, he should bring a motion to withdraw his plea first. If he was found guilty at trial, he does have a right to an appeal, within certain time limits, and he should appeal based upon what you've stated in your posting.

I hope that this information helps, but if you have further questions, need more information, or feel that you or your friend needs legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can, and I wish you the best of luck.