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AttyCBradford
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 591
Experience:  Criminal Defense and Family law Attorney serving California statewide
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Dear lawyers, I need to hire a California lawyer that is superior!If

Resolved Question:

Dear lawyers, I need to hire a California lawyer that is superior!
If you want to remove "LWOP" for a crime you committed as young in 20:ies (23 years ago) (robbery with accident), or have a chance to leave prison in California, what would be a good option, kindly see below. The person in question is a good person that study, is a part of a group that sees kids to prevent them from committing crimes, wants to take his bachelors and make a difference in society. He is also writing on a book to lead young people away from crime. He is not a person that should be incarcerated.
He has a job and a home waiting if he can be released.
1) Is it better to get a pardon attorney and apply for clemency?
2) Is it better to appeal and try to overturn the conviction: Cooper vs Lafler March 2012 (wrong advise by lawyer that also happened in this case, 15 to life was offered in this case but lawyer said he would be free but got LWOP instead).
3) Is it better to appeal with the new discussion on LWOP for people convicted young coming up, people up to 18, but even though this person was over 20 there is a research at Harvard in 2012 saying about the brain of a 18-25 year old that have been abused as young (as this person has).
4) Is a compact agreement to Swedish prison an option? Swedish Justice Department says that USA signed a treaty in 2005 I think it was, but that it is hard for a US citizen to tranfer FROM the States even if it is granted from the Swedish side. (I am Swedish)
Waiting for you answer!
Thank you!
Regards XXXXX XXXXX
Submitted: 2 years ago.
Category: Criminal Law
Expert:  AttyCBradford replied 2 years ago.

AttyCBradford :

When was the conviction entered? If it is within the 60 days you need to file an appeal. If it is after the 60 days your appellate rights are most likely gone. You could apply for clemency through the state of CA as well. I have never seen the swedish transfer personally but it might be something to apply for if you are currently living in Sweden, but I doubt that it would go through as there might be a chance of flight,a nd it would be very expensive to transport a prisoner to Sweden

AttyCBradford :

PLEASE NOTE: This is a PAID ANSWERING SERVICE. If I have answered all of your questions please press accept and rate my answer with a positive rating or I will not receive credit for my work. If you have additional questions please ask before leaving negative ratings Thank you

Customer:

I kindly hope I will get more from you, as I have done a lot of research myself and would like a professional answer, I am sorry but I dont find anything that answers my questions in what you have sent, but maybe there is more? He was convicted 23 years ago. He appealed twice since then, but used the wrong tactics I believe. As an example, you cant use Habeas Corpus if you actually tied up someones hands. A person convicted for murder was transferred from California to Sweden in 2009.
I know about appeals, and I know we can apply for clemancy....my question is your opinion on what is the most likely that we can take further and win with. This is my question please.

Customer:

Thank you for your answer, I must say I am not at all pleased with it and I hope for your professional opinion. My question is which of my alternatives that you believe has the best chance to succeed and are the most tactical one to chose to go with. Conviction was 23 years ago. I kindly dont need to know about appeal or that I can apply for clemency through the state, I know these things, so this is why I am not asking on how to do it. I am asking you what your professional opinion is on what will be the most tactical option, as said above. There was a prisoner convicted for felony murder transported from California to Sweden in 2009. If this is out of your range of knowledge, kindly let me know so and I will take my money back and safe both of our times. Thank you, XXXXX XXXXX being a straight shooter. /Ingeborg


 

AttyCBradford :

I completely understand the question I was asking you was whether or not the conviction was within the time frame for appeal, as I see now that it is 23 years ago, you have exhausted that normal appeal right, and I am sure probably the rest of you appeal rights as well. If you are looking for a lawyer to hire to help you out with the clemency application you should call the local bar associations of wherever your friend is located to see if they have someone who does a particular area. If you give me the county of where you would need a lawyer I would gladly provide you with some contact information.

AttyCBradford :

With regard to the issue of transferring to Sweden what i have seen and the research that I have done is that the only time this is usually granted is when the individual is FROM sweden and attempting to return to their home country. That does not sound like it is you position. CA does have various prison overcrowding statutes that deal with transferring prisoners to different states, but the concern is that they still need to be able to serve their sentence. The entire thing with the sweden one was brought about by a case that was decided because the Defendant was convicted of felony murder here in the US but was from Sweden, Sweden doesn't have the death penalty and wanted her extradited and it was granted

AttyCBradford :

if you have further questions please ask I will respond in a timely manner

Customer:

Thank you for your kind message, but unfortunately I did not get an answer to my question - what way is the most tactical one of the ones I stated 1,2 or 3, or other. I can see that commutation is a very good one for this as it can give a second chance. The lady in 2009 was a US citizen, but once born in Sweden so that is correct.
I have already been in contact with the bar association for California, San Diego, and I have been given a couple of choices of attorneys, this does not stop me for gaining knowledge and new angles everywhere though. I appreciate you trying, maybe your speciality is in another near by field, I will answer OK because of your kind answer - BUT I got no answer to my question whatsoever. The most tactical way of the three stated. Thank you anyway.

AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 591
Experience: Criminal Defense and Family law Attorney serving California statewide
AttyCBradford and 2 other Criminal Law Specialists are ready to help you

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