Legal Question in Criminal Law in Virginia

I have to start by telling the stort version of the story...My loved one has been incarcerated for just over 10 of a 23 year state prison sentence. His offenses were pretty serious and some of the charges were suspended, however, he is still serving time in Virginia on the big offenses which include involutary manslaughter, some firearms charges, and a few other things. In Virginia, he is not eligible for parole and Virginia is one of the few states that require state inmates to serve 85% of their sentence. We have been working with the NLPA, but they want a large amount of money before they will even start to work on the case to get him out. The only thing that they can tell us is that my loved one had very poor representation while on trial and they can prove it and get my loved one released. The original attorney has passed away and the representatives of the NLPA tell us that none of our local lawyers will will assist us because no one really wants to speak out against another member of the same BAR. I am not in a financial position to be able to pay all of this money out to the NLPA because I am starting a business and taking care of 2 disabled parents and myself. I guess my question is is there something that we can do on our own to get back into court with the information that we have on the original attorney without having to pay between $20,000 and $40,000 for a new attorney to represent us? Keep in mind that at the beginning of his sentence, the inmate did a few writs of habeas corpus and there were several appeals all using the same attorney (who several other lawyers agree was quite insufficient). Your help and direction is greatly appreciated.


Asked on 11/27/09, 9:03 pm

1 Answer from Attorneys
Michael Sprano The Sprano Law Firm, LLP

NLPA is trying to rip you off. He exhausted his appeals and habeas remedies long ago. The only thing left to at this point would be to seek a pardon from the governor based on actual innocence. Such petitions are almost never granted but there are exceptions. The case of Earl Washington, who spent almost 2 decades on death row before being released and exonerated, is one famous example. If anyone can help you I would suggest the National Innocence Project, but unfortunately I have to advise you not to get your hopes up.

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Answered on 12/02/09, 9:43 pm


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