Murder Charges: Can You Appeal?
Whether you or a loved one were convicted of a heinous crime, you may not even know where to begin or if an appeal is even possible. Many loved ones were charged with crimes decades back and nothing has changed for them or their families., this is particularly true when it comes to youth offenders in California who may not have been given a fair trial and have now spent their entire adult lives behind bars.
The convictions, though not necessarily accepted by the defendant’s family, were also not fought. Often, cases like this stagnate, the defendant may still want to fight and have a desire to clear their name but do not have the financial wherewithal to get an appeal in motion. In that same token, the family often does not know what the process entails or if there is even hope for an appeal.
Youth Offendors
In the case of youth offenders charges with cases like Murder, it is very common to find that in the state of California, they may not have been provided with due process, a fair trial or even basic representation. Often these youth offenders were charged and pleaded out and life went on for those charged with carrying out the law.
Recent News In Alameda County
In another murder case coming out of Alameda County, you can see an illustration of how an unjust process convicted an 18-year-old offender who was accused of rape and murder of an Oakland resident. With the passage of SB 1437, many youth offenders with similar cases are beginning to tap into the appeals process. In the murder case of Alameda County, the defendant who has now served 26 years in prison is arguing that under the bill he has a measure of relief in that he alleges that the co-defendant was the actual killer.
The defendant is asserting that under the SB 1437 bill, he would be protected. In September, the 1st District Appellate Court ruled in the defendant’s favor stating that he deserved counsel to assist him in the motion filing. The court ruled that the defendant hadn’t had the opportunity to challenge testimony in his case and that factual basis was not established when he made his plea. In this case, he may have taken part in a crime, aided and abetted the other individual involved but was not the actual killer therefore, he ultimately seeks to overturn his conviction. This is a possibility for this defendant and cases like these to be overturned.
If you have a loved one who was convicted as a youth offender and you would like to review the details of their case to establish whether or not they qualify for an appeal, contact our office to learn more about how we may be able to help you.