Legal Question in Criminal Law in California

release from prison after winning an appeal

My son is in prison and in May 2007 won an appeal from the 6th district appeals court in No. California The prison has received a remitter which was issued Aug. 30, 2007 but no detained has be issued. It is our understanding that the prison has to release my son if the detained is not filed before the remitter. Is this correct? If so, how long can the prison hold my son legally? Thank you for your help.


Asked on 9/05/07, 5:52 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: release from prison after winning an appeal

How sure are you that your son is entitled to be released? Even if he won a reversal of his entire conviction, the D.A. may still have the right to re-try him. Your son is not entitled to be released while the D.A. decides what to do or while the trial is in progress.

It is also possible that there is an independent reason why your son is behind bars. Some inmates were on parole or probation at the time of the crime that landed them in prison, and these inmates often have to serve the remainder of their earlier sentence even if the later one is thrown out or the later conviction is reversed.

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Answered on 9/05/07, 7:05 pm


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