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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 1076
Experience:  Managing Attorney at a Law Firm
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Can a case or conviction be reversed? my fiancee was charged

Customer Question

hello can a case or conviction be reversed? my fiancee was charged with 2nd degree robbery in the state of california. they gave him 7 years. There is many things unfair in his incrimination. one night he borrows his uncles car the uncle reports the car stolen. he has a prior convection with one strike. 7 years seems too much for a misunderstanding resulting in a robbery category nevertheless i read that 2nd degree robbery is charged with 2-5 years. now there was no evidence to prove the accusations. he has been incarcerated since November of 2016. what can be done??
JA: What state is this in? And how old is the car?
Customer: state of california. old car im not sure on the year
JA: Has anything been filed or reported?
Customer: regarding an appeal or anything like that no
JA: Anything else you want the lawyer to know before I connect you?
Customer: it was basically just his word against his uncles ...
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 2 months ago.

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 2 months ago.

You are correct that in the state of California, a 2nd degree robbery is punishable by up to 5 years. However since he had a prior robbery offense, this is considered an enhancing factor which can then be used to add additional years on to the sentence.

However, based on the information you provided above about the alleged incident in this case, it sounds as though perhaps your fiance was not properly represented by his lawyer.

In that case, he would be eligible to file a Post Conviction Motion for Ineffective Assistance of Counsel.

To have an Ineffective Assistance of Counsel motion granted, you must be able to prove that the attorney's representation in his trial was incompetent in some way, and that this incompetence prejudiced your fiance's case.

If it's found to be the cased that the attorney's representation was deficient in some way, which hurt your fiance's case, for example by failing to present evidence is his defense, then the judge may reopen the case and even adjust his sentencing.

This is something that you would need an attorney to draft, file, and argue in court for you, but you will want to retain a different lawyer than the one who represented him at trial in order to do so.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more.The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Expert:  Nisha Jones, Esq. replied 2 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!