Legal Steps For Sons Case

Summary

Your sons case involves serious issues, including ineffective assistance of counsel and safety concerns in prison. Consider filing a motion to reopen the case and explore post-conviction relief options like habeas corpus. Engage with a criminal defense attorney for specialized guidance. Prepare by gathering all relevant documents and evidence.

Full Conversation

ok my son was railroaded and corhorsed into taking a 12 year deal that he shouldnt have due to the public defender not helping him and also never letting the court know that i had witness willing to go to court for my son and also the DA never telling the courts that his girlfriend took hewr statement back
I'm sorry to hear about your son's situation. It sounds like there might have been some significant issues with his legal representation and the handling of his case. Here are a few steps you could consider:
- Post-Conviction Relief: You might explore filing for post-conviction relief if there was ineffective assistance of counsel.
- Appeal: If the plea was entered recently, you might be able to file an appeal.
- Legal Representation: Consider consulting with a private attorney who can review the case details and provide specific advice.
Would you like to be connected to local lawyers who can better assist with your son's case?
ok but earlier you were telling me about filing a moition to reopen his case due to bad councile
It sounds like your son may have a case for filing a motion to reopen due to ineffective assistance of counsel. Here are some steps you can consider:
- Motion for New Trial: File this motion if you believe your son's trial was unfair due to his counsel's performance.
- Writ of Habeas Corpus: This can be filed to challenge the legality of your son's detention.
Would you like to connect with local lawyers who can assist with this process? If yes, please provide your name, phone number, and zip code.
well like i was explaing earlier i dont have money for a lawyer this was part of the reason
Case Rating: *
I understand the financial constraints. Given the seriousness of your son's situation, connecting with a local lawyer could be beneficial. Many lawyers offer free consultations or work on a pro bono basis.
Would you like to be connected to local lawyers who can better assist you with your son's case?
yes please
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case? If yes, please provide your name, phone number, and zip code.
What is your name?
THERESA ESCALANTE *)* and my zip code is *
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: Theresa Escalante
Email: 2093738121none@none.com
Phone: *
Zipcode: *
Reason: My son was coerced into taking a *-year deal due to ineffective assistance of counsel, and the DA did not disclose that his girlfriend recanted her statement.
From: FreeLawChatAi
Is there anything else I can help you with?
there actually alot that they didnt do but most importantly my son is in a serious situation due to the fact that instead of sending him to a regular prison which they should have since it was his first time ever they sent him to a prison with nothing but rapest baby killers snitches ect they kept him there for 2 years and now they decided to move him to regular prison now my sons life is in danger due to the fact he came from a bad prison he has been in many fights due to this and now cant even be in general population cause the other prisnoers think hes what they call a all bad prisoner
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I'm really sorry to hear about your son's situation. It sounds very serious and urgent. Your son's safety should be a top priority.
Here are some steps you may consider:
- File an Emergency Petition: You can file an emergency petition to the court to transfer your son to a safer facility.
- Contact Prison Officials: Reach out to the warden or other officials at the current facility to express your concerns.
- Consult a Lawyer: Given the complexity and urgency, a lawyer can provide specific guidance.
Would you like me to connect you to a local lawyer who can assist immediately?
yes
Case Rating: *
It sounds like you have a very urgent and serious situation. I will gather some information to connect you with a local lawyer who can assist immediately.
Could you please provide your email address? It will help the lawyer get in touch with you quickly.
tre20914@gmail.com
Case Rating: *
Thank you, Theresa. We'll have a top-rated lawyer in your area contact you shortly. Here's a summary of the information:

Theresa Escalante


Phone: *-*-*
Email: tre20914@gmail.com
Zipcode: *
Reason: My son was coerced into taking a *-year deal due to ineffective assistance of counsel, and the DA did not disclose that his girlfriend recanted her statement. Additionally, my son's life is in danger in his current prison.
Is there anything else you'd like to add or any other way I can assist you?
yes that my sons sentences consit of a 10 year gun enhasment and my son has Never been arrested for any weapon ever
Case Rating: *
Your son's situation is very serious. The additional information about the *-year gun enhancement despite no prior weapon-related arrests strengthens the case for ineffective assistance of counsel.
Here are the next steps you might consider:
- Challenge the Enhancement: File a motion to challenge the gun enhancement based on the lack of prior arrests.
- Post-Conviction Relief: Continue to explore options like habeas corpus or an appeal based on ineffective counsel.
Would you like to add any more details or need further assistance?
yes please
Case Rating: *
I'm here to help. Could you provide more details about any other legal issues or aspects of your son's case that you believe were mishandled or overlooked?
he also was awared to to courts until hes * tbhis happened when he was *
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It sounds like there are several serious issues with your son's case. Given the complexity and gravity of the situation, it's important to seek proper legal assistance. Here are some steps you might consider:
- Revisit Sentencing Terms: Investigate the terms of your son's sentencing, especially the court award until age *.
- Explore Post-Conviction Relief: Continue exploring options like habeas corpus.
- Seek Legal Counsel: Consult with a lawyer who specializes in criminal defense and post-conviction relief.
Would you like me to connect you with a local lawyer to discuss these issues further?
yes
Case Rating: *
It sounds like your son's situation is very complex and urgent. We will connect you with a local lawyer who can help with these issues immediately. Here is a summary of the information provided:

Theresa Escalante


Phone: *-*-*
Email: tre20914@gmail.com
Zipcode: *
Reason: My son was coerced into taking a *-year deal due to ineffective assistance of counsel, and the DA did not disclose that his girlfriend recanted her statement. Additionally, my son's life is in danger in his current prison.
If you need any more help or have additional details, feel free to ask!
no
Case Rating: *
It sounds like there are several significant issues with your son's case, including ineffective assistance of counsel and potential safety concerns in prison. A local lawyer specializing in criminal defense can provide the necessary assistance. If you have any other questions or need more information, feel free to ask!
its been a long 3 years i really just need to get my son home his whole life is now totally messed up all due to the fact that they didnt even take the time to do any kind of investagating my son was allso charged with car jacking which he was never caught driving any stolen car ever and all this comes from a man that really a drug user and who is very crazy and weired
Case Rating: *
I'm really sorry to hear about your son's situation. It sounds incredibly challenging and urgent. Here are some steps you can consider:
- Motion to Reopen Case: Due to ineffective counsel, you can file a motion to reopen the case.
- Post-Conviction Relief: Seek habeas corpus or other post-conviction relief options.
- Consult a Lawyer: It's crucial to get specialized legal assistance.
Would you like to be connected to a local lawyer who can assist you in taking these steps?
butagain my son has never been aressted on any kind of vilonce or anything that has to do with a gun
Case Rating: *
It sounds like there are significant issues surrounding your son's case, including ineffective assistance of counsel and wrongful charges. Here are some specific steps you can consider:
- Motion to Reopen Case: File a motion based on ineffective counsel.
- Challenge the Gun Enhancement: Due to no prior arrests involving a weapon.
- Seek Post-Conviction Relief: Consider habeas corpus or appeals.
You’ve mentioned that your son has never been arrested for violence or gun-related offenses. Would you like to provide any additional details that might help in strengthening his case?
no
Case Rating: *
It sounds like your son's situation involves multiple serious legal issues, including ineffective assistance of counsel, wrongful charges, and safety concerns in prison. Connecting with a local lawyer who specializes in criminal defense and post-conviction relief is crucial.
Would you like any assistance in finding additional resources or information while you wait for the lawyer to contact you?
yes
Case Rating: *
Your son's situation is indeed very complex and serious. Here are some additional resources and steps you can consider:
- Legal Aid Organizations: They may provide free or low-cost legal assistance.
- Prison Advocacy Groups: Organizations that help with prisoner's rights and safety.

Would you like specific contacts for these resources?
i have done those and have not had a responce
Case Rating: *
I'm sorry to hear that you haven't received a response from legal aid organizations or prison advocacy groups. Given the urgency and complexity of your son's situation, it might be beneficial to directly contact a lawyer who specializes in post-conviction relief and criminal defense.
Would you like me to connect you with another local lawyer who might be able to assist you more promptly?
yes
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It appears that you've already provided the necessary contact information for connecting with a local lawyer. Given the severity and urgency of your son's situation, it is crucial to act quickly. While you wait for a lawyer to reach out, you may want to gather all relevant documents and any evidence that supports your claims. This will help the lawyer assess the case more efficiently.
Would you like more information on how to prepare for your consultation with the lawyer?
yes
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To prepare for your consultation with the lawyer, here are some steps you can take:
- Gather All Documents: Collect all court documents, police reports, witness statements, and any correspondence related to your son's case.
- Prepare a Timeline: Create a detailed timeline of events related to your son's arrest, trial, and imprisonment.
- List Witnesses: Write down the names and contact information of any witnesses who can support your son's claims.
- Document Issues: Make a list of all issues you believe were mishandled, including ineffective counsel, wrongful charges, and safety concerns.
Would you like any more specific advice on gathering evidence or preparing documents?
no
Case Rating: *
Given the complexity and urgency of your son's situation, it’s crucial to act swiftly and efficiently. Here's a summary of the steps you can take:
- Gather all relevant documents and evidence.
- Prepare a detailed timeline of events.
- List potential witnesses with their contact information.
- Document all issues you believe were mishandled.
Your lawyer will be better able to assist you with this preparation. If you need any other information or help, please let me know.
i just know my son is in prison for nothing and they gave him no chance and no help
Case Rating: *
It sounds like your son's case is very serious and complex. Here are the steps to prepare for the lawyer:
- Gather all relevant documents.
- Prepare a detailed timeline.
- List potential witnesses.
- Document all issues.
If you need further assistance or resources, please let me know.
ok thank you how long until a laywer can assist me
Case Rating: *
The urgency and complexity of your son's situation suggest a strong need for immediate legal assistance. Given that you've already provided your contact information, a lawyer should be reaching out to you soon. However, the exact time frame can vary depending on the lawyer's availability.
In the meantime, continue gathering all relevant documents and evidence to expedite the process once they contact you. If you have any more questions or need further assistance, feel free to ask!
ok thank you is there any way you can pull up his case by me giving you his full name
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Unfortunately, I don't have the ability to pull up specific case details using a name. However, I can guide you on how to obtain this information:
*. Contact the Court: You can reach out to the court where your son was tried and ask for his case information.
*. Request Records: You can request a copy of your son's case records from the court clerk’s office.
*. Public Defender's Office: If your son had a public defender, you can contact their office for his case details.
Would you like more information on how to proceed with any of these options?
yes
Case Rating: *
Here are some steps to obtain your son's case information:
*. Contact the Court: Reach out to the court where your son was tried and request his case information.
*. Request Records: Visit or contact the court clerk’s office to request a copy of the case records.
*. Public Defender's Office: If your son had a public defender, contact their office for case details.
Would you like more specific guidance on any of these steps?
my son has been requsting his discovery packet since hes been in prison and he still hasnt recived it
Case Rating: *
I'm sorry to hear about your son's difficulties in obtaining his discovery packet. In California, he has the right to access this information. Here are some steps you can take:
- Contact the Public Defender's Office: Request the discovery packet directly from them.
- File a Motion: Your son can file a motion with the court to compel the release of the discovery packet.
Would you like more detailed guidance on filing a motion?
yes
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Here are the steps to file a motion to compel the release of the discovery packet:
*. Draft the Motion: Your son or his legal representative needs to draft a motion requesting the court to compel the release of the discovery packet.
*. Include Case Details: Make sure to include all relevant case details, such as case number, court name, and specifics about the discovery packet.
*. State the Reasons: Clearly state the reasons why the discovery packet is essential and explain the attempts made to obtain it.
*. File with the Court: Submit the motion to the court where your son's case was tried.
*. Serve the Motion: Ensure that the motion is served to the appropriate parties, such as the District Attorney's Office.
Would you like more detailed information on how to draft and file this motion?
yes
Case Rating: *
Here’s a detailed guide on drafting and filing a motion to compel the release of the discovery packet:
*. Draft the Motion:
- Title: "Motion to Compel Discovery"
- Introduction: Briefly state the purpose of the motion and the relief sought.
- Background: Provide details of your son's case, including the case number, court name, and any relevant dates.
*. Include Case Details:
- Clearly list all pertinent case details such as the defendant’s name, case number, and the court where the case is being heard.
*. State the Reasons:
- Explain why the discovery packet is crucial for your son's case.
- Detail efforts made to obtain the discovery packet, including requests made to the public defender and any responses received.
*. Legal Basis:
- Cite any relevant laws or court rules that support your right to obtain the discovery packet.
*. Relief Sought:
- Explicitly state that you are requesting the court to order the release of the discovery packet.
*. File with the Court:
- Submit the motion to the appropriate court clerk. Make sure to get a copy stamped as "filed" for your records.
*. Serve the Motion:
- Ensure that copies of the motion are properly served to the prosecution and any other relevant parties.
Would you like a template or sample motion to help guide you through this process?
yes
Case Rating: *
Here's a sample template for a Motion to Compel Discovery:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
RE: Motion to Compel Discovery in the Case of [Your Son's Name]
Case Number: [Case Number]
Honorable Judge [Judge’s Name],
Introduction:
I, [Your Name], am filing this Motion to Compel Discovery on behalf of my son, [Your Son's Name], currently incarcerated at [Prison Name]. This motion seeks the court’s intervention to order the release of the discovery packet essential for [Your Son's Name]'s defense.
Background:
- Defendant’s Name: [Your Son's Name]
- Case Number: [Case Number]
- Trial Court: [Court Name]
- Date of Conviction: [Date]
Reasons for the Motion:
Despite numerous requests, [Your Son's Name] has not received his discovery packet. This packet is crucial for:
- Reviewing all evidence presented against him.
- Identifying any potential grounds for post-conviction relief due to ineffective assistance of counsel.
- Ensuring a fair review of his case.
Efforts Made:
- Requests were made to the public defender's office on [Date(s)].
- Follow-up requests were made on [Date(s)].
- No response or incomplete information was provided.
Legal Basis:
Under California law, defendants have the right to access all evidence in their case. Denying access infringes upon due process rights guaranteed by the Constitution.
Relief Sought:
I respectfully request the court to:
- Order the immediate release of the complete discovery packet to [Your Son's Name].
- Ensure compliance from the prosecution and public defender’s office.
Conclusion:
For the aforementioned reasons, I urge the court to grant this motion and compel the discovery necessary for [Your Son's Name] to pursue justice.
Respectfully submitted,
[Your Name]
---
Filing Instructions:
*. Make copies of the motion.
*. Submit the original motion to the court clerk.
*. Serve copies to the prosecution and any other relevant parties.
*. Keep a copy for your records stamped as "filed."
Let me know if you need any more details or assistance.
yes
Case Rating: *
I'm glad to assist. Here's what you need to do next:
*. Complete and Review: Ensure all details are correctly filled out in the motion template provided.
*. Make Copies: Make multiple copies of the completed motion.
*. Submit to Court Clerk: Take the original motion to the court clerk where your son’s case was tried.
*. Serve Other Parties: Serve copies to the prosecution and any other relevant parties.
*. Keep Records: Keep a stamped copy for your records, indicating it has been filed.
If you need further assistance or have any questions during this process, feel free to reach out!
yes
Case Rating: *
Given the complexity and urgency of your son's situation, it's crucial to get legal assistance promptly. You've already provided your contact details, so a lawyer should reach out soon.
For now, here’s a summary of your next steps:
*. Complete the Motion: Fill out the motion template provided with all relevant details.
*. Make Copies: Ensure you have multiple copies of the completed motion.
*. Submit to Court Clerk: File the original motion with the court clerk where your son’s case was tried.
*. Serve Other Parties: Serve copies to the prosecution and other relevant parties.
*. Keep Records: Keep a stamped copy for your records, confirming it has been filed.
If you encounter any issues or need further assistance, feel free to ask!
I also need to know is this the best way to getting my sons case open and him out of prison?
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Given the complexity and urgency of your son's situation, it’s crucial to act on multiple fronts simultaneously:
- Motion to Reopen Case: Continue with the motion for ineffective assistance of counsel.
- Post-Conviction Relief: Consider habeas corpus for challenging unlawful detention.
- Legal Assistance: Engage with a private attorney for specialized guidance.
Would you like more details on any of these steps?
yes all
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Sure, here are further details on each step:
Motion to Reopen Case
- Motion for New Trial: File this motion if you believe your son's trial was unfair due to ineffective counsel.
- Ineffective Assistance of Counsel: Argue that your son's lawyer did not provide competent representation, which impacted the trial's outcome.
Post-Conviction Relief
- Writ of Habeas Corpus: File this to challenge the legality of your son's detention.
- Appeal: If the plea was entered recently, you might be able to file an appeal.
Legal Assistance
- Private Attorney: Engage with a criminal defense attorney specializing in post-conviction relief.
- Free Consultations: Many attorneys offer free initial consultations. Some may take cases on a pro bono basis.
Would you like more specific information on drafting these motions or finding attorneys specializing in this area?
yes
Case Rating: *
Here’s more detailed information on each step for your son's case:
Motion to Reopen Case
- Motion for New Trial:
- Draft the Motion: Clearly state the basis for requesting a new trial, focusing on ineffective assistance of counsel.
- Submit Evidence: Include any evidence that supports your claim, such as witness statements or the girlfriend's recantation.
- File with Court: Submit the motion to the court where the trial was held.
Post-Conviction Relief
- Writ of Habeas Corpus:
- Draft the Writ: Argue that your son's detention is unlawful due to ineffective counsel and other mishandlings.
- Include Evidence: Attach all relevant documents that support your claims.
- File with Court: Submit to the appropriate court, usually the one where the conviction occurred.
Legal Assistance
- Private Attorney:
- Find a Specialist: Look for attorneys specializing in criminal defense and post-conviction relief.
- Free Consultations: Many offer free initial consultations and may work on a pro bono basis.
- Prepare Documents: Gather all relevant documents and evidence to present during the consultation.
Would you like specific guidance on finding attorneys or assistance with drafting any of these motions?