Legal Question in Appeals and Writs in California

habeas corpus

i squirted an aquaintance with a garden hose.

i received a summons and showed up to court late.(tues)

i was jailed , without bail, for 2 days.

i returned to court, in custody, and was told by the judge that the public defender would not represent me due to conflict of interest.

the judge then gave me two choices: go back to jail for the week end and wait for a court appointed attorney.

or plead guilty and be released (with cosequences).

i plead guilty (no contest) so i could go home.

the judge never offered me the option to bail out and wait for an attorney to be appointed, or to seek my own council.

of course this is the option i would have chosen. bail for this offence, my first in the county, would have typically been about $1,000.

now i am on probation after paying a fine, and completing anger managment classes (at my expense) and i have a violent crime (battery) on my record!

i feel my civil rights have been violated by an extremely biased judge

my question: is it not the judges responsibility to inform me of all my options (especially since i had no representation). can i appeal? can i sue? help!


Asked on 3/19/04, 4:19 am

2 Answers from Attorneys
James Goff James R. Goff, Attorney at Law

Re: habeas corpus

A major problem exists relative to your complaint. You admit guilt. Although it is possible that the trial court did not adequately advise you of your options, your problem is that in all likelihood you signed documents waiving your rights and admitting guilt. In your inquiry you admit guilt. If there is something else involved it would be best to consult with a lawyer. Mr. Hoffman is correct that you maybe able to withdraw your plea or even appeal. However, it is probable that the time to do either has elapsed or will elapse before you can act. But the bottom line is whether you are entitled to relief when you admit being guilty when you explain the incident. Touching someone with an unwelcome substance is a battery. Good luck.

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Answered on 3/19/04, 4:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: habeas corpus

I would want to know more specificas about what happened, but it sounds to me like you may have a strong argument on appeal.

A guilty plea (or a plea of no contest) waives most issues on appeal, but one issue it does not waive is whether the court properly advised you of your rights -- including whether it had a sufficient factual basis on which to accept the plea and whether it properly ensured that your plea was not the result of duress. As I see it, a court which is the source of duress cannot make such a finding, so your argument would be very strong if the facts are as you have described them.

If you qualified for an appointed attorney in the trial court you should also qualify for one on appeal. Tell the clerk of the court that you want to appeal and that you want an appointed attorney.

Also, tell the clerk that you still need an appointed attorney in the trial court. It may still be possible to withdraw your plea; if this isn't an option, the attorney can prepare the notice of appeal for you and get your case in the appellate court started.

Be sure to do this right away, because there are strict time limits on post-trial motions and on filing a notice of appeal.

Good luck!

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Answered on 3/19/04, 4:39 am


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