OUR SON APPEAL HAS BEEN DENIED AND WHAT CAN WE DO NEXT. THERE ARE NO EVIDENCE AND HE IS STILL IN PRISON

Asked on June 17, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order for your son to be incarcerated, he is either being held on bond or he has been convicted of a crime.  If he is being held on bond there is no way that an appeal has been resolved due to the fact that the filing of the appeal requires, in most instances, for a conviction to have been entered.  On the other hand, if your son has already been convicted, he was either convicted at trial or through a plea.  If he was convicted at trial, the jury must have believed that there was some evidence to convict him.  If he entered a plea, he should not have done so if there was no evidence to convict him.  Nevertheless, assuming that your son has been convicted and the appeal was unsuccessful, there may still be other legal avenues for him to pursue.  He may attempt to obtain a sentence review and/or modification.  Or, he may file a habeas corpus petition, alleging ineffective assistance of counsel.  I recommend you consult with and/or retain a criminal defense attorney to discuss what options remain available to your son at this point in the proceedings.


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