Oakland, CA asked in Criminal Law and Constitutional Law for California

Q: I am new to this so I don’t know where to start.

Good morning, I have a family member fighting his case. I am new to this so I am not sure what to do first. He he has been incarcerated since 2003 for a case his brother and himself committed in Modesto Ca. He already served his time for that specific case which he received a strike as well. While he was incarcerated in 2007 in Folsom State prison he was accused of a stabbing which another inmate committed the crime. While the fight was going on Carlos was fighting another person. Even that inmate admitted to the stabbing which my family member Carlos has it on paper work that the other person admitted to the stabbing, but Carlos received 25 to life with 2 additional strikes. So now he’s a 3 strikes we believe that he should have not received that 3rd strike. Also the guy that committed the stabbing in 2007 was a lifer and has already been released from prison. That why I am so confused. Carlos is about to send his Writ Of Hebeas Corpus. He is currently incarcerated at CSATF Corcoran C

1 Lawyer Answer
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: While the time may have expired, he needs an attorney to see if any avenue if relief exists

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