Can you appeal a life sentence with no parole?

Asked over 1 year ago - Los Angeles, CA

I have a friend who got sentenced in 2001 life with no parole, can a attorney appeal the sentence and get him a chance to parole?

Additional information

How much would this cost? To do a writ by an attorney? And another problem is that he served 10 years in The SHU (hole), he went to a hearing to see if he can be in general population and they turned him down, his next hearing is in 2014 can a lawyer be hired to represent him for this hearing?

Attorney answers (5)

  1. Donald Gray Drewry

    Contributor Level 12

    5

    Lawyers agree

    1

    Answered . You can always make an appeal, but it has to be based on facts of the trial and the record of that trial. If there was a plea bargain, then the chance of any appeal was probably waived.

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Only under special circumstances may he file a writ. Otherwise, no one sentenced to life without parole has ever been released on parole, in California or in any other state. Prisoners sentenced to LWOP actually remain in prison for the rest of their lives unless the sentence or the case is reversed.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Richard Franklin Taub

    Contributor Level 14

    5

    Lawyers agree

    Answered . As my colleague mentioned, the time for a direct appeal has expired long ago. However, under the right circumstances, it may be possible to collaterally attack the conviction. An extraordinary Writ is the correct path, if appropriate. Then, there is a right to appeal the denial of the Writ. www.tauncriminaldefense.com

    The information provided herein does not create an attorney-client relationship. The information provided is to... more
  4. Nicholas Maurice Rosenberg

    Contributor Level 14

    4

    Lawyers agree

    Answered . There really are not that many charges that carry that kind of penalty, but felony kidnapping for ransom or extortion, felony derailing or wrecking of a train , and second degree murder of an on-duty peace officer are some examples. Normally within 60 days after the sentence a defendant can file a Notice of Appeal. So, at this point, I think your question is could the defendant have any basis to attack the conviction and obtain a paroble sentence. My answer is that would be as a Writ, and you would need to consult with a specialized attorney who does Writs and Appeals in order to review the sitatuation and determine the options.

    www.losangelesdefenders.com

  5. Curtis Lamar Harrington Jr

    Contributor Level 20

    3

    Lawyers agree

    Answered . Why do you say " chance to parole?" instead of "new trial"?

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,092 answers this week

3,423 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,092 answers this week

3,423 attorneys answering