Q: My nephew did not receive a fair trial, he was not given a competency hearing and should have.
We would like to know what we are able to do, he has been in custody for over 10 years. His name is Nathan L. Preston. He was severely abuse as a child, sold for drugs by his mother. My mother said that when he was going to trial it was like he was not even aware of what he had done. He has suffered from serious mental issues, most of his life. What can I do to help him?
A:
You need to consult with a good criminal defense lawyer immediately. You will need to obtain all the information relating to the crime with which he was charged, especially the case number for the case that went to trial. You should also talk to the attorney who represented him at trial.
The only possible way I know of trying to help him would be a writ of habeas corpus. That is the province of experts in the criminal law, especially those lawyers who handle criminal appeals. If his civil rights were violated, the criminal defense lawyer should be able to help make that determination.
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