Legal Question in Criminal Law in California

wrongfully charged

on april 9th 2003 my husband and 2 of his friends robbed a bank in santa clara,ca. and was sent to jail. my husband sat in jail for over a year before he was final sentenced. upon final sentencing he was given 20 years with 80% and was given 1 1/2 yeaars credit for time served! they only robbed 1 bank and was charged with 2 cts of bank robbery! then he was also charged with 1 ct of car jacking but that never happend the car that was used in the robbery was driven by 1 of the 3 friends involved in this matter!! then there is 2 cts of false imprisonment which also is a bogus charge because they never held anyone at gun point!! i would really like it if someone would call me so that i can explain further this matter!! my number is{859}285-4193 i would greatly appreciate it very much!!!


Asked on 5/01/08, 2:25 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: wrongfully charged

Your husband robbed a bank and, five years ago, he received a 20-year jail sentence. What's unfair about that? Is there a question here?

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Answered on 5/01/08, 2:37 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: wrongfully charged

A few thoughts:

1. I don't have enough information about why your husband was convicted of two counts of bank robbery, so I can't say whether the two convictions were proper.

2. People who commit a crime jointly can be convicted of all the acts involved, including the acts of the other defendants. If the carjacking was committed as part of the robbery scheme and was reasonably foreseeable to the other defendants, all three of them could legitimately be convicted for the actions of one.

3. One need not be held at gunpoint to be wrongfully imprisoned.

4. A 20-year sentence for the crimes you describe sounds perfectly reasonable to me. The requirement that your husband serve at least 80% of this time also sounds both reasonable and proper.

5. It is too late for your husband to appeal his conviction or his sentence. He probably had an appeal already, and the fact that he is still behind bars suggests that the appeal was unsuccessful (though portions of it may have succeeded).

6. Your husband may still have time to petition for a writ of habeas corpus, but here again I would need more information. It is quite possible that he has already tried this and failed.

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Answered on 5/01/08, 3:13 pm


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