Legal Question in Criminal Law in California

The father of one of my grandchildren has served time in prison (Cochran) in California twice; once for a violent felony and another for violation of parole. He is currently off parole and was caught shoplifting from a Kmart. He told my daughter that he is not entitled to a public defender if he was convicted and served time as a violent felon. Is this true or is he just institutionalized? Thank you.


Asked on 7/07/10, 11:20 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The fact that he has been convicted of a prior felony does not disqualify him from having a public defender. He would have to act like a complete nuisance to cause delay in a pending case, with repeated warnings from the court to warrant a forfeiture of counsel. It sounds like he is a big liar, in addition to other things.

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Answered on 7/07/10, 2:34 pm
Terry A. Nelson Nelson & Lawless

PD qualification has nothing to do with priors, only income.

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Answered on 7/07/10, 4:43 pm


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