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socrateaser
socrateaser, Lawyer
Category: Criminal Law
Satisfied Customers: 33803
Experience:  Retired (mostly)
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How do I appeal a case which was tried in Riverside County

Resolved Question:

How do I appeal a case which was tried in Riverside County and the Supreme Courts of California, both places the "gun enhancement charge was thrown out," yet my son (who is serving a 13 year sentence based on the gun enhancement's original charge) a Federal Appeal? He is telling me that just because the courts found him innocent of the automatic 10 year gun enhancement, he has to further appeal his case to the Federal level. Please advise me on how I should do this. I have very little money and cannot afford a high priced lawyer. Are there any lawyers (or student lawyers) out west who work pro-bono?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  socrateaser replied 5 years ago.

If your son's case has reached the California Supreme Court, then there is only one court to which an appeal may be made: the U.S. Supreme Court.

 

However, your facts also suggest that your son is being held on an enhancement charge, even though not guilty of possessing a firearm. This would appear to make him eligible for a writ of habeas corpus.

 

This is the sort of case that the ACLU generally finds interesting. I suggest that you try them before looking for a pro bono lawyer. www.aclu.com

 

 

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<p class="text-13-black" align="left"><u>Terms and Conditions</u>: By your continuing in this conversation with me, or by your clicking "<b><u>Accept</u></b>", you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.</p>

 

 

socrateaser, Lawyer
Category: Criminal Law
Satisfied Customers: 33803
Experience: Retired (mostly)
socrateaser and 5 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

I cannot continue with this endeavor since it is for "entertainment purposes only." I have a serious problem here and went to your website based on the advertising which lead me to believe that you all were also SERIOUS. I appreciate your answer and am sorry that we cannot continue with our conversation but my problem is real and is not for entertainment purposes. Thanks for your direction to the ACLU website. I will do that but also remember they too may be for "entertainment purposes" only. Tell me something, mr socrateaser, how do I know when I'm being taken seriously?

Your website is very misleading and am not sure if I would recommend it to any of my friends, on the contrary, "entertainment" is not what people are seeking when employing your services. Thank you for allowing me to vent, I'm saddened and disappointed that I have spent all this time and it was merely "entertainment" on your part.

Faithfully yours,

Susan E. Libby

XXX@XXXXXX.XXX
Customer: replied 5 years ago.
did you receive my last reply?
Expert:  socrateaser replied 5 years ago.

Dear XXXXX:

 

If you have not done so already, please see my "IMPORTANT legal information" link, below. It is provided to prevent anyone from being misled.

 

If you are unhappy with the website, or its advertising, etc., please register your complaint with customer service at: info@justanswer.com.

 

If you want a refund of your deposit, please see http://general.justanswer.com/refund.aspx.

 

Under the circumstances, I cannot continue our conversation, because you do not agree with my terms and conditions.

 

I honestly wish you the very best of luck.

 

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