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We need the best Habeas Corpus attorney in Richmond, VA!!

Stafford, VA |

A family member was convicted of a crime (Mal. wounding) when he was 19. It was during the time VA had the 3 strikes law. He was not set at liberty between the 2nd offense, yet they sent him to jail for life...(gang on gang violence). He never got to the 3rd strike, yet somehow the court got away with that.

At the time of trial, he attempted to escape and used a shank to hold off a cop. Cop grabbed knife and they fell to ground. Cop got cut and then stood up and shot my cousin in his chest. Court charged him with Attempted capital murder and malicious wounding. Isn't this double jeopardy? Their "reasoning" for this is while he attempted to murder the cop he maliciously wounded him. It's been 18 yrs. He has been in contact with cop and apologized. Need a good attorney.

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Attorney answers 2

Posted

Contact Dave Hargett

Posted

It is most likely NOT double jeopardy since malicious wounding and attempted murder are made up of different elements --they are different crimes and it is not double jeopardy to charge and convict on both.

That being said, there are many appeals attorneys in your area, you can use avvo.com to find one. In addition, many law schools offer free Legal assistance.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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