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I have a friend who is in the Center for Behavioral

Customer Question
I have a friend...

I have a friend who is in the Virginia Center for Behavioral Rehabilitation. If you are not familiar with it, it is a rehab facility for sexually violent predators. However, my friend, does not have a rape charge. His charge is abduction with immoral purpose (clause ii) and grand larceny. He spent 7 years in prison and is going on 7 years at VCBR.

Lawyer's Assistant: Has anything been filed or reported?

Like what?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has a court appointed lawyer, who does nothing. What are the steps that I need to take to help him,

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

VA

Submitted: 1 month ago.Category: Criminal Law
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Answered in 45 minutes by:
1/7/2018
Criminal Lawyer: Gerald, Esq, Lawyer replied 1 month ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Criminal Law
Satisfied Customers: 4,812
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Criminal Lawyer: Gerald, Esq, Lawyer replied 1 month ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Your friend needs to file for post conviction relief and the right to appeal - perhaps for ineffective assistance of counsel. The difficulty is that the appeal periods have expired. So he must persuade the Court that he should be granted relief at this time.

The procedure for that is a habeas corpus writ.

Here is an example of a case dealing with similar issues:

http://caselaw.findlaw.com/va-supreme-court/1471662.html

These are complicated procedures. They are not something that a person can normally do themselves. This link can help you find attorneys who do this work. Some of them do take cases pro bono but that is something that can be difficult to find.

In the meantime here is more information on the habeas:

https://law.lis.virginia.gov/vacode/title8.01/chapter25/section8.01-654/

https://law.lis.virginia.gov/vacode/title8.01/chapter25/section8.01-655/

I wish I had a simple and easy answer for you, but I am afraid that does not exist.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Category: Criminal Law
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