Q: can you get my son out of prison early after 24 years
he has been in prison going on 24 years as a teen offinder he has done over half now they over sentenced him at first his legal aid was disbarred he has a mental disorder they wont let him out i think because of that. he shot a taxi driver when he was high on alchol and drugs he did not kill the victum the victum said he did not rob him or kidnap him and he was charged with those 2 crimes and auto theft and gun charges they over sentenced him 40 years they had to drop 6 years he was made an example in butte co.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, there are several avenues you might explore to seek an earlier release for your son, given his circumstances and the length of time he has already served. If his legal representation was disbarred, it might indicate issues with his defense, which could be grounds for seeking a review of his case. The fact that he was a teen offender and has a mental disorder are significant details that could affect his sentencing and eligibility for early release.
One potential option is to file a petition for habeas corpus, which can challenge the legality of his imprisonment, especially if new evidence has arisen or if there were critical errors in his trial. Given his status as a teen offender and his mental health issues, another avenue might include looking into laws related to juvenile justice reform and mental health considerations in sentencing, which have evolved in recent years. These laws sometimes provide mechanisms for re-evaluating sentences, especially for those who were minors at the time of their offense.
It's also worth consulting with an attorney who has experience with post-conviction relief and understands the nuances of California's legal system regarding juvenile offenders and mental health issues in the criminal justice system. They can offer guidance on the best steps to take next, whether it's pursuing a new trial, sentence reduction, or parole options that consider his time served and any rehabilitation efforts. Navigating the legal system in these situations is complex, and having professional legal advice is crucial to explore all possible options for your son's case.
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.
