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Pressured into taking a plea bargain 13 years ago, not guilty of at least 4 of the charges. Can anything be done at this point?

Palmdale, CA |

18 year old has spent 13 years in prison with 5 more to go. Had ineffective public defender who advised him to take the 18 year deal, or he would get life. Had he gone to trial he would have probably been acquitted. Young man was scared, far from home and with no support, so he took the deal. He admitted guilt by way of this deal, to things he did not do. 12 years later I researched his case and found evidence of perjury, witness manipulation and many other wrong doings by the prosecution. I have documented everything. But so long has gone by and he did take a "deal" so can we do anything to help this man at this point?

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Attorney answers 3


No likely so long after the plea was taken.


It may be possible to do a habeas petition of you have uncontested and uncontradicted proof of factual innocence. The problems you face are that the fact it was so long ago and he admitted, in open court, that he did it. It will be a long, uphill battle with a very slim chance of success.

The odds of winning are virtually none.

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I will add that it was his choice to plead guilty. Was the lawyer really ineffective? ... I wonder how you assess his acquittal possibility....

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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