Legal Question in Criminal Law in California

Re: wrongfully convicted

You have essentially asked two separate questions: "Can I get a lawyer for the appeal?" and "How long will he stay in prison?"

To the second question, I always tell clients assume that they will do every day: Florida law provides for up to 15% gain time, but I never recommend that someone plan on getting it becuase they may have a disciplinary action or some other factor that denies it. Also, if someone has their heart set on 10.8 years and then does 12, it can cause severe depression and a bad transition after release.

Second, when someone has no money for an appeal, an appellate public defender can be appointed. Very few lawyers will take a post-conviction case for free - we have families to feed and bills to pay, too.

One other note: Trial counsel is responsible for filing any appropriate post-trial motions such as a motion to arrest judgment or for new trial. Such motions are rarely granted.

We wish you the best with this case as it enters the second phase.

Warmest regards,

Stephen G. Cobb

Board Certified Criminal

Trial Law Specialist