Legal Question in Criminal Law in California

Release from prison with a hold placed on me

I have asked a few questions before regarding my situation. I cannot afford a lawyer for my husband so I am looking for guidance. My husband has spent the last 7yrs in prison for 2nd degree robbery. His release date was 3/19/09, LA county placed a hold on him for a warrant dated 12/05/02. My husband mailed his 1381 to the DA's office yrs ago and there saying they never got it. He has his copies of the 1381 he filled out but no proof he mailed it. He has a written statement from his counselor at prison that he also talked to someone at the DA's office bout his warrant and there nto using it for evidence. They sed the statute of limitations dnt apply and they can't use the 1381 copies he has cuz he might have lied and sed he mailed it. His public defender sed to take a deal of 6yrs but its not right. I know in my gut and with his papers that its wrong. The DA dropped the ball and his defender dnt wana take the time to prove it. What do we do? Does he fight or take the deal? Can he ask for another defender? Should he represent himself? Wil he get more time if he fites it? There in the wrong and they no it. Please any advice is much needed and appreciated. He goes bak 2 court April 7th. Theres not much time.


Asked on 4/02/09, 12:08 pm

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

Re: Release from prison with a hold placed on me

Your husband is facing potentially many more years in prison. Of *course* he shouldn't represent himself. He also doesn't have to accept the public defender's recommendation. She will take the case to trial if he rejects the deal, regardless of how strongly she feels he should accept it. He can't replace his PD merely because she gave him advice he doesn't like.

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Answered on 4/02/09, 3:43 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: Release from prison with a hold placed on me

If there is any way of proving WHEN he drafted the 1381, it could be worth fighting, even if he represents himself. Here's why. If he can prove he created that letter years ago, circumstantially, why would he do that and NOT mail it? I would think he might be believed. Worth a try.

Brian Dinday

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Answered on 4/02/09, 8:39 pm


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