I read that is possible to get a pardon, but that is rare and expensive. we want to try if we can.
There are only 2 real methods to achieve what you want: (1) clemency; and (2) habeas.
Although possible, clemency is extremely unlikely. You must have a VERY compelling reason, be exonerated through DNA, or have inside influence to achieve it. Habeas, although unlikely, has a better chance of achieving what you want. You must be able to show: (1) the conviction is restraining your liberty (not necessarily meaning actual confinement); (2) there was a constitutional violation in the procedure leading to that conviction; and (3) you likely would not have pled guilty or been convicted but/for that violation. Talk to an experienced habeas lawyer. Most will charge a stair-step fee schedule that begins with a cursory investigation. That way you are not devoting lots of money unless there are reasonable bases to pursue.See question
A writ of habeas corpus was filed And denied in 2007 but now there is sufficient evidence to support reopening the case
Certiorari will probably not apply. You need to have someone evaluate your new evidence to see if the case has sufficient facts to get around the general habeas bars for subsequent writs. Talk to a lawyer skilled in habeas matters...he or she should be able to give you a better idea based on your specific facts.See question
He's been incarcerated since 2009,has a court appointed lawyer and the D.A. won't take him to trial.
This is a very unusual delay. There must be other issues in play here that you aren't aware of or haven't mentioned. If you are not happy with the current lawyer then start calling around and talking to other lawyers. A competent murder defense takes time and effort, and is not cheap, but it seems like this person is essentially being punished without a conviction. Talk to some lawyers. Most will talk to you for a little while without charging you.See question
I have the entire transcript from my husbands case. Will an attorney charge much to tell me if there are any legal errors that would possibly result in appeals court sending it back to trial court or over turning the case?
Of course. Just like a doctor charges to evaluate your condition and a mechanic charges to see what's wrong with your car. The fee would be based on how much time is involved.See question
I was on probation for 5 years that ended on February 10, 2015. I did not have any (not a single one) violations on my probation to which my probation officer can testify in writing of this. I was considered a no risk violation probationer and fin...
You will live with this forever...with one caveat. If there was some sort of constitutional violation in your case that caused you to plead guilty or get convicted then you might lodge a successful writ of habeas corpus, which might in turn lead to a dismissal. But this is an extremely uphill and relatively expensive battle. Consult with an experienced habeas lawyer if you're prepared to take on that battle.See question
My husband has been falsely accused and now charged with continuous sexual assault of his daughter. We hired an attorney we could afford at the time. Now I am finding out that he had never had a case like this. The "stand in" judge signed off...
It sounds like he has gone from being "charged" to being "convicted." You need to talk with someone who can go into the details of the case and determine what can be raised in an appeal versus what must be raised later in a habeas action. These two things are both post-conviction actions, but they are apples and oranges. Contact an experienced post-conviction lawyer and they should be able to explain this in a lot of detail.See question
A friend of mine was charged and convicted of murder. He was sentenced to 30 yrs but he said the warden has spoken to him and his file reads self defense not murder. What can he do? Or would you guys even know? Or point me in the right direction ...
The Warden's file is not necessarily the same as what happened in court. If the court "read self defense" then he would never have been convicted. It sounds like the only thing he can do is talk to a lawyer skilled in habeas actions to see if there are any bases for reopening his case.See question
In the case of an arrest warrant being issued is there anyway to get it dismissed or to fight it WITHOUT turning yourself in and being arrested, making bail and jumping through all the hoops and playing the game? ANY WAY AT ALL? Can a judge or DA ...
This is a serious case. Please read my comments to the end. It is possible, but very rare. It might happen if the judge finds that there isn't probable cause to support the charge when the case is first presented to a magistrate. It might also happen if charging instrument is defective on its face or does not state a crime. Then your attorney could talk to the DA prior to your arrest. In pretty much all other circumstances, however, the DA will refuse to discuss the particulars of your case until you are within the court's jurisdiction (meaning that you are either in custody or have posted the bond). With respect to your actual charge, you need to consult with an experienced criminal defense attorney ASAP, and definitely before you try and talk to the police or turn yourself in. There are many, many things a good lawyer must do in a sexual assault case in order to properly represent you. Some of these things need to be done EARLY ON. Call around and make some appointments. This case could really impact your future and you need to choose your lawyer very carefully. Lastly, DO NOT TALK to anyone about this case except the lawyers you choose to talk to. They are bound by confidentiality.See question
Also, does this go before a grand jury to determine liability and if so will I be notified if they no billed my case.
It may or may not go to a grand jury..it just depends on the state of the investigation. You will surely know if you're targeted because the police will want to question you. I strongly urge you to keep quiet until you have consulted with an experienced criminal defense lawyer. Homicide investigators are skilled interrogators. What appears innocuous might not be. DO NOT talk to ANYONE else about this until you've consulted legal counsel. There is no statute of limitations on murder, so it is important to act quickly on your behalf to secure evidence that might help you. You don't want to sit on your hands only to find out that they charge you years later...when any helpful evidence is gone!See question