Q: I was prosecuted, convicted, sentenced, and sent to prison where I served my entire 2yr sentence on an invalid complaint
So what are the next steps to have a criminal judgment vacated based upon lack of subject matter jurisdiction?
A:
That won't work. You went to trial, I'm presuming; the court almost certainly had jurisdiction as you were found guilty of committing a felony in that county. The answer to what you can do now depends on what you have done already. Most likely, you can file a "6500 motion" - motion for relief from judgment. It's a long shot: since you went to trial, a jury of 12 people heard everything the prosecutor presented against you (and possibly what you had to say), and decided that you were guilty beyond a reasonable doubt. The judge to hear a 6500 motion would be the same judge who sat through your trial (if that judge is still on the bench), and is likely of the same opinion.
My best advice if you want a 6500 motion to be taken seriously is to lose the argument about it being an invalid complaint; that ship sailed with the preliminary examination hearing and trial.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
