Legal Question in Criminal Law in California

Prison law: Writ of Habeus Corpus

the question is whether a habeus Corpus can now be filed after 27 years of conviction be a meritorious issue by way of the fitness test mention in the penal code Sec. 700 of the Welfare code of the family welfare act.


Asked on 8/06/08, 6:02 pm

1 Answer from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Prison law: Writ of Habeus Corpus

I am afraid it is too late for a habeas corpus which is a writ which requires that a defendant be in custody, on probation or parole. I take it that is not the case after 27 years.

I cannot advise you more as I do not know what you are trying to accomplish. Do you want to reverse/vacate your conviction? While a long shot, such thing still might be possible after 27 years but I would need to know more facts to tell you whether you have even the longest of shots.

You could file what is called a non-statutory motion to vacate an old conviction. Usually, that is done based on ineffective assistance of counsel. Tough to do after 27 years and it would not be cheap. Other options might be available depending upon the facts of your situation. I do not think Welfare Code would apply.

Feel free to give me a call to discuss further.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/08/08, 12:56 am


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