QUESTION
Would that be considered as false imprisonment if I was convicted under someone else's identity and criminal record?
Asked on Feb 04th, 2014 on Criminal Law - California
More details to this question:
I've been charged with aggravated assault but I’m convicted under someone else's identity and criminal record. Will I have a chance for the writ of habeas corpus and a lawsuit? I did not commit the crime but I plead guilty because my lawyer threatened me. My case number is 05cr4324-6.
3 ANSWERS
3 Awards
This is obviously a very complicated scenario. You'll need to sit down with an experienced attorney to determine whether you have any recourse available to you.
Answered on Feb 07th, 2014 at 6:09 AM
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J. Jeffrey Morris & Associates
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No as to false imprisonment because of the plea against the government. Yes against the lawyer so long as you did not actually commit the crime. One could file the writ, have it granted but be retried under the correct name. If the lawyer actually threatened the client and that can be proven a writ of error Coram nobis or coram vobis which are Latin terms and would allow a change of plea. These writs are issued to correct a previous error where other remedies are not available. The petition for writ of error coram nobis is brought before a trial court, a petition for writ of error coram vobis is brought in the court of appeal. Both coram nobis and coram vobis differ from habeas corpus because they don't have a custody requirement. A lawsuit against the lawyer is possible but comes down to a swearing contest absent other evidence.
Answered on Feb 07th, 2014 at 6:08 AM
Daniel Kieth Martin
A guilty plea is a waiver or appellate rights. However, there are a few exceptions. You need to discuss the specifics with an attorney.
Answered on Feb 07th, 2014 at 6:08 AM