Legal Question in Criminal Law in California

Incompetent Lawyer

My nephew received a 26 year sentence for shooting at his estranged wifes car. The attorney he had did nothing but tell my sister what the DA was recommending. This lawyer was on crank come to find out. he was arrested shortly after my nephews sentence for makeing and using meth. He did not have any fight in him for my nephew at all. All he did was tell my sister what the DA's plans were. In fact the DA recommended 18 years and the judge gave him 26 years. He was offered 10 years and then 14 years by the DA at one time before the lawyer was hired but because we thought this lawyer could reduce it to lesser than that we hired him. It was a total shock when they recommended 18 years and even more devestating when the Judge said 26 YEARS. He has been in there 11 years now. and wont be eligible for parole until he has served 23 years. I feel that he was not represented at all by this drug addict lawyer, and had he did his job my nephew could have been out by now. No one was hurt. This incident should have been nothing more that wreakless discharge of a firearm. His ex was cheating on him and her boyfriend was the one who called him so they could jump him. and she the ex. did try to go back with my nephew.


Asked on 8/27/06, 12:26 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Incompetent Lawyer

There are both federal and state laws which provide time limitations on filing a writ of habeaus corpus. That is the procedure that you would probably have to use in this matter. If you have some proof of the incompentence of the attorney, and that a compentent attorney would have obtained lighter sentence than he received, you might be seccussful, assuming that a writ is not prohibited by the passage of time.

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Answered on 9/07/06, 1:50 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Incompetent Lawyer

Incompetent legal representation is a possible defense or mitigation of circumstances under the factual scenario you have presented thus far. However, it is often times difficult to prove it was the proximate cause of your nephew's incarceration. If you would prompt, affordable legal assistance in this matter, contact our Law Firm directly for a free phone consultation.

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Answered on 8/27/06, 5:10 pm


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