Legal Question in Appeals and Writs in California

emergency - court in six hours

my friend was convicted of welfare fraud and has done her jail time and is on probation. she missed a appointement and failed a drug test because she didn't have the money to pay for it )a missed test is a dirty test) and she doesn;t even use drugs at all - she's a diabetic and need a--name removed--of juice the day she was sentenced, her pub def made fun of her in court and the judge thought she was on heroin - pub def challenge that. She was innocent of the welfare fraud but went to jail. She's not a drug addict but she;s ggoing to court in a couple of hours and that pub def told her she'll probably be remanded. Possibly to prison.

Is it too late to fire him? Can she do the habeas corpus thing or anything to stop this? Court is in three hours and we're praying for a lawyer to read this over coffee.


Asked on 11/09/04, 8:44 am

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: emergency - court in six hours

I don't practice criminal law, but I suggest you try to speak with the public defender's supervisor - someone higher up the chain of command. Or find a private lawyer right now, in the courthouse, who may be able to step in.

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Answered on 11/09/04, 1:23 pm
James Goff James R. Goff, Attorney at Law

Re: emergency - court in six hours

A petition for writ of habeas corpus is not a cure all. Even if you could whip out a petition in the time frame you are talking about the court is likely to require bail. Since your friend is being represented by the Public Defender I would guess that bail is not readily available. Habeas corpus may be a long term remedy but it is not likely to provide much short term relief. As Mr. Murray suggested you might want to reach an understanding with the Public Defender's Office regarding available defenses. Obviously, you need a continuance. Not only to avoid immediate incarceration but to develop evidence to minimize the adverse effect arising from the failure to have a test. The quick answer is to have a new test to demonstrate that drugs are not involved. The Public Defender has funds to provide a defense that is not otherwise apparent from your question so make peace with them at least until you can avoid the immediate risk and have the ability to obtain other counsel. Good luck.

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Answered on 11/09/04, 2:38 pm


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