Legal Question in Criminal Law in California

Un-reasonable Imprisonment

If someone else used a false name during a crime and now that person whos name was used is in jail how would you get the person out if there is reasonable evidence showing that he did not commit the crime?


Asked on 9/21/04, 4:58 pm

3 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Un-reasonable Imprisonment

It depends on the procedural status of the case. Has there been an arraignment yet? Is it a felony? Your facts are too thin to elicit valuable advice.

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Answered on 9/21/04, 5:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Un-reasonable Imprisonment

Is this person in jail awaiting trial or has he already been convicted and sent to prison? If the former, he could try a motion to dismiss or he could simply use this evidence at trial when the time comes. Waiting until trial may well be the wiser option, since an unsuccessful pre-trial motion would educate the prosecutor and help him prepare to rebut these arguments at trial.

If this person has only recently been convicted, he may be able to bring a motion for a new trial.

If it is too late to move for a new trial, his remedy is to petition for a writ of habeas corpus.

The are complex procedures and he should have an attorney if at all possible. Please feel free to contact me if you are interested in having me handle this matter.

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Answered on 9/21/04, 5:37 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Un-reasonable Imprisonment

What can be done depends on what stage of the proceedings they are in. Call me directly at (619) 222-3504.

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Answered on 9/22/04, 4:05 pm


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