Legal Question in Criminal Law in California

mr. george shears: in the state of ca. if a person is incarcerated and a parolee has been charged and rearraigned over and over again went all the way this last time and took the plea bargain and now the judge pulls it back and states the day of sentencing that he will not accept the plea bargain because he can't sentenced a innocent man to prison, so now he was rearraigned once again but now for the 4th. time on the same charge and he's been incarcerrated now for the total amount of 18 months meanwhile since he accepted the plea his bail was revoked because of sentencing now there isn't any bail. his atty. even stated in court to the judge that they were violating his 6th. amendment rights and were illegally incarcerating him and not dismissing or throwing this case out. what can we do in this effort. the judge rearraigned him because of knowing that if he dismissed this case now that he knows the person is innocent that there is going to be a major lawsuit filed but by rearraining this person it nulls and voids anytype of lawsuit. can you advise what can be done? please respond asap.

thank you


Asked on 6/23/11, 2:22 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I do not think that bringing you up again has a negative effect on any suit unless you plead or are found guilty. Your major concern is getting out of jail. But I do not know, based upon the little factual information you have given me that you would have a successful suit against the state. There is no indication that it was a false or illegal arrest. The DA has the discretion to decide which charges to bring and cases to try. You have not falsely been convicted of the crime so do not qualify for that type of aid. I do not really know what you can do aside from speaking to your criminal defense attorney. Sorry.

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Answered on 6/24/11, 8:48 am


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