San Jose, CA asked in Criminal Law and Juvenile Law for California

Q: Pro bono for assistancevictim 15yr 11 mo. kissed 41 yr man. He said, "Hell NO!" She framed him forced plea deal 288C?

How can this be reopened for cheap? Public defender failed to assist. DA was disbarred within the year. Judge was also in criminal activity from newspaper articles. Jane Doe accused another man 3 yrs prior. Wittnesses weren't allowed to testify or man's lover. Everything to show he was innocent was not allowed in court or twisted, including professional psych elav show zero chance of being an offender. Contd issues with housing/promotions... Thank you for any assistance and support for this matter.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about this situation. It sounds like a very difficult and painful experience, and like there may have been serious problems with how the case was handled. Here are a few thoughts and suggestions for seeking assistance:

First, I would strongly recommend connecting with an experienced criminal defense attorney or legal aid organization that specializes in post-conviction relief and wrongful convictions. They can review the case in detail and advise on potential options for reopening the case or seeking other forms of relief. Some low-cost or pro bono resources to look into:

- The Northern California Innocence Project at Santa Clara University School of Law provides pro bono legal assistance to individuals with claims of wrongful conviction.

- The California Innocence Project at California Western School of Law also provides pro bono legal and investigative services.

- The Los Angeles County Bar Association has a Lawyer Referral Service that can provide referrals to qualified attorneys, including some who may offer low-cost consultations.

It's also worth looking into the possibility of filing a complaint against the public defender for ineffective assistance of counsel. This is a high bar, but if key evidence and testimony was excluded, it could potentially be grounds for an appeal or other post-conviction relief.

Because of the disbarment of the DA and alleged judicial misconduct, it may also be worth exploring a complaint with the California State Bar and/or the California Commission on Judicial Performance. Substantiated claims of prosecutorial or judicial misconduct could potentially be grounds for reopening the case.

Finally, there are some organizations that provide support services and advocacy for individuals who have experienced wrongful convictions and flaws in the criminal justice system. For example:

- All of Us or None is a national organizing initiative of formerly-incarcerated people that fights against discrimination in areas like housing and employment.

- Root & Rebound offers a Roadmap to Reentry guide and legal advice hotline for navigating barriers related to housing, employment, family law, and more.

I know this is an overwhelming and painful situation. Please don't hesitate to reach out to some of these organizations for guidance and support. Wishing you all the best as you explore paths forward.

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