Legal Question in Criminal Law in California

Re: How do I ....

There really isn't much you can do. Once a defendant is sentenced to state prison it is normally just a matter of time before he is sent there. The internal affairs investigation will likely take time, and even if the results are favorable for you that will not automatically result in a release. The prosecution could seek a dismissal, but few investigations reveal the kind of facts that would justify such a move. It is more likely that an investigation will not reveal facts favorable to the defendant or that it will reveal facts which are arguable but not definitive. In that case, a habeas corpus petition will be needed, and that will take time as well and may ultimately prove unsuccessful. The Department of Corrections will not wait for such prolonged proceedings before taking custody.

Re: How do I ....

Thanks for your posting. As Mr. Hoffman stated, this is a long and slow process, and might take a while to prove what you need to prove to show innocence.

In the meanwhile, and to answer your question, if the prisoner pled guilty, you may file a motion to withdraw the plea. If he or she was found guilty at a jury trial, you must file a brief asking for a new trial, and showing the existing newly discovered evidence regarding police misconduct.

You can also ask for relief in the form of bail or a stay on prison commitment in the interim until the trial, but that is a separate decision based upon the factors that judges consider for bail, and perhaps the strength of the evidence.

I hope this helps, but if you need more information, have other questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.