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Ask CALawyer Your Own Question
CALawyer
CALawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1655
Experience:  Attorney at Law
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Whats Cummings Law that was passed in Cailfornia

Customer Question

What's Cummings Law that was passed in Cailfornia?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CALawyer replied 8 years ago.
Can you provide some more details on what you are looking for?
Customer: replied 8 years ago.
I think that there is a law (Cummings ?) in California that would allow a re-trial of an attempted murder charge
because of a legality . We have a nephew that was sent to prison and has been there 3 years and maybe because of a error, maybe he can have his sentenced reduced and he might be able to get out earlier. He was sentenced to 10 years.


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Customer: replied 8 years ago.

What's the deal!! are you just giving me the run around, you keep asking me the same question.. I don't think you even read these email. This is the third time I have responded and you guy give me the same reply. If you only wanted the money, you should've said something instead of trying to ripe people off.

 

Thank you for nothing

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Expert:  CALawyer replied 8 years ago.
I'm sorry about the delay. Your question dropped off of my active questions list.

I am more than willing to help and we don't intend to rip you off. If you would just prefer a refund, let me know.

I have run quite a number of searches for "Cumming's Law" "Cummings Law" in the statutes and case law databases for California and have found nothing.

I also have found nothing regarding Cumming's Law or anything of that nature in the criminal procedure treatises for California.

At this point, I am in the process of research ways to overturn convictions through equitable means that don't have the same time requirements as an appeal.

I should be back with you shortly.
Expert:  CALawyer replied 8 years ago.
All I've been able to find with regard to your inquiry is a Writ of Habeas Corpus. That is a way to attempt to overturn a criminal conviction. The only way you can do this is by alleging and proving all of the facts needed to overturn the judgment and by giving a good reason why you didn't resort to an appeal of the judgment in a timely fashion.

A Habeas Corpus writ is what I believe you are looking for. In order to stand a chance at meeting the difficult burden, it would be a good idea to contact a qualified attorney in your area. If you can't afford one and there was a serious problem, you might contact the American Civil Liberties Union as they may be able to assist or provide some representation.