Legal Question in Criminal Law in California

Rape Conviction

My brother took a plea although he says he is innocent. He now wants to fight, is there anything he can do?


Asked on 9/17/08, 10:58 pm

4 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Rape Conviction

That depends. How long ago did your brother enter his plea? Did the judge, defense counsel and/or the prosecutor make sure he knew what rights he was giving up? What factual findings and/or stipulations were made at the time of sentencing? Does he have any evidence other than his own testimony to back up his claim? Without more information there is no way to give you an answer.

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Answered on 9/17/08, 11:06 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Rape Conviction

Hire a lawyer and file a motion to withdraw the plea, if there is still time.

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Answered on 9/17/08, 11:07 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Rape Conviction

While it is not easy, there might still be time to make a motion to withdraw his plea. There are a lot of different things which could be relevant to the success of such a motion, time in terms of how long ago your brother took the plea being perhaps the most important.

Your brother's lawyer should assist him in filing the motion. If reason for the motion is that the attorney was ineffective, then he should hire another lawyer.

Feel free to contact me if you are looking to retain a lawyer in Southern California.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/17/08, 11:58 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Rape Conviction

Your brother�s lawyer can file a motion to withdraw the plea, but these motions are time sensitive.

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Answered on 9/18/08, 5:49 pm


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