How do i go about the process of getting my sons prison time reduced? I have no idea how to start this process. Thank you

Asked 6 months ago - San Diego, CA

My son has 25 years was offerred 5 years due to his co defendent wanting to take it to trail. He's been in since 2007

Attorney answers (5)

  1. James Roy Dickinson

    Contributor Level 17

    2

    Lawyers agree

    Answered . Your son should speak with an attorney specializing in appeals and/or writs. Good luck.

  2. Vijay Dinakar

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Sounds like he was convicted in 2007 and got 25 years despite being offered a deal at some point for 5 years which he could not take because it was a "package deal" that was refused by the co-defendant. His only option at this point involves the appellate process. He should attempt to hire an appellate attorney. I assume an appellate attorney was already appointed and the initial process did not result in anything positive for your son. There maybe new evidence or a colorable habeas motion but that's ust idle speculation without a thorough examination. Criminal appeals are time consuming and expensive. If you lack funds for this, you can attempt to contact the Innocence Project (there is a branch in San Diego). However the Innocence Project will only take on your son's case if they believe him to be factually innocent. The fact that your son couldn't take the package deal as it was refused by the co-defendant is a common occurrence in co-defendant cases. Perhaps if your son had agreed to roll on the co-defendant, the DA may have agreed to offer some kind of deal for your son. On the other hand, it appears the DA didn't need your son to testify to anything (as he apparently convicted your son and the co-defendant). Moving forward, a competent appellate attorney is the only potential source of hope. Good luck.

  3. Jay Scott Finnecy

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You could start by making your question a little more clear. Was your son sentenced to 25 years in prison? If so, for what offense?? Your question suggests he went to trial. Usually after trial and sentencing a "Notice of Appeal" is filed. You might want to contact the attorney or public defender's office who handled you son's case. Best wishes to you.

    San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy
  4. David Philip Shapiro

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . have you tried to do anything over the past 7 years? Time may have run out.

  5. Randy M. Wagner

    Contributor Level 6

    Answered . Your son needs an appellate attorney. This can be a very expensive and time consuming process. Good Luck!

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