Legal Question in Criminal Law in California

sentences

I know a person who was convicted of sexual assault and sent to jail. However, he was released on bail of $500,000. His sentencing is on May 2nd - is there any possibility of overturning the conviction within a month's span from the time he was convicted till his sentencing date of May 2nd? During the span, the lawyers have been working to present a strong case which could lead to a change in the judgement - has it occured in the past and is it still possible? Please advise.


Asked on 4/11/07, 8:13 pm

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

Re: sentences

If your friend has already had a trial and been convicted the odds are against him. There are some pretrial motions his lawyers can bring, though you have not provided enough information to determine whether there is still time to file them.

If the judge doesn't change her mind, your friend will have the right to appeal the conviction and the sentence. He should feel free to contact me about this option, especially if his trial lawyers don't handle appeals (many do not). I'm certified by the state bar as an appellate specialist, and am one of only about 240 California lawyers with this certification.

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Answered on 4/11/07, 8:34 pm
Savyon Grant Law Office of Savy Grant

Re: sentences

You are not convicted until you get sentenced, unless it was a trial. It sounds like he took a plea & wants to file a motion to withdraw the plea. If you have any further questions, I can be reached at 201/646/9600.

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Answered on 4/12/07, 10:57 am


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