Criminal Law/What is the form to over turn a case and should I report lawyer
I would like to know what is the form needed or the steps to take in the process to get a case reopened or overturned due to the arresting officer being found to be a felon himself (now convicted Norman Welsh, former head of CNet a federal law enforcement team now disbanded, located in Concord Ca.) I know many of the cases he was involved in were dropped but also
I also feel our lawyer misrepresented my husband in the case brought against him (so does he but he doesn't write as well as I do so...) and we would like a review of the case. How does that process work? The state bar site is very confusing as to how this is accomplished.
Thanks so much for your consideration and time taken to help us. It is greatly appreciated.
The process to have a case reopened or overturned is arduous but can be done. In CA you will have to present "just cause" in a formal petition to the Court of Common Pleas where the case was presented. You will need details and facts from independent experts in the field who can provide you with the evidence you need to show that the original case was mishandled and tainted through fraud, etc.
The same process applies to the attorney you used for your defense. You need to factually substantiate the cause(s) of his mishandling and misrepresentation and include it within your petition. Of course, you probably should have competent legal counsel working for you to see the process through, but it can be done pro se or "by yourself."
The Judge will then hear the petition and make a ruling as to it's veracity and to see if it meets the threshold requirements to re-open and/or re-examine. Courts do not like to overturn previous rulings unless the mistakes were clear and egregious. However, if you feel that you have been maligned then you should move forward. As far as reporting your attorney for any action you feel was unethical or criminal you can simply mail a letter to the State Bar Association and it will be forwarded for review.