Legal Question in Criminal Law in California

Thank for your reply Mr. Hoffman,

However this case was in 98 the only suspect that I'm familiar with ended up searving 10 years as a result and unfortunaltely has reoffended and has been sentenced to 95 years because of felonies tied to the initial case. Just trying to see if there was any way to prove that the 9 felonies were not justifiable to see if there was any chance to have the current sentence reduced.

Thank you for your time,

Terrence Hickson


Asked on 11/29/11, 2:33 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The court is not going to reopen a case from 1998 in which the defendant already served his sentence. California has ended the so-called revolving-door-justice system where career criminals get to get out every few years to victimize more innocent people. People who can't stop offending go to prison, and they stay in prison, and there's nothing unfair about that.

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Answered on 11/29/11, 2:47 pm
Edward Hoffman Law Offices of Edward A. Hoffman

First off, you're welcome. (Other users who want to see the prior question and answers may find them at /www.lawguru.com/legal-questions/-/robbery-case-involved-victims-suspects-452456421.)

Now that your friend has already been convicted of another crime and sentenced with enhancements based upon the 1998 conviction, it is a bit late to be challenging the earlier charges. It is far too late to appeal them. If he is still on parole from those charges he may be eligible to petition for a writ of habeas corpus, but merely being able to bring a petition does not mean he is likely to win. If he wants to find out whether he has a realistic shot at habeas relief, he should feel free to contact me.

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Answered on 11/30/11, 8:14 pm


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