Legal Question in Criminal Law in California

Minor tried as adult appeal

A juvenile was tried as an adult for manslaughter and carjacking. His mother does not speak english and english is his 2nd language, although he does fairly well. He took a deal for 40 years with 2 strikes. He was told by his PD that if he took it to trial he would lose so just take the deal. He said that he didn't understand alot of what he was being told and neither did his mother. He said that when he said he didn't understand, they would tell him again, only faster and exasperated like, which made him feel as if he was bothering them. How do we know if he was treated fairly and if the ''deal'' is truly a deal or just the end to the means for an overworked PD who doesn't have time for Spanish speaking individuals? He has not signed the deal yet, he is supposed to do that on Aug 18. He did sign something that said he waives his right to appeal. Is that true? Shouldn't he have the right to appeal if he, or his parent, didn't understand the entire process? and when exactly does he appeal? Before he signs or after the sentencing?


Asked on 8/09/08, 9:08 pm

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Minor tried as adult appeal

He should have the case reviewed independently by another lawyer before he takes any deal. Appealing convictions is not an easy process, especially if the defendant plead as opposed to being convicted at trial. The time to review all options is now. The PD should not have a problem with it and, if necessary, he obtain the necessary continuances and assurances from the DA and the court so that the defendant can seek a second opinion.

Whether the deal is on the table is good is impossible to evaluate without knowing the full facts of the case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/11/08, 1:27 am


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