Legal Question in Criminal Law in California

My Friend just got sentenced by the DA to 3 years for a Robbery charge, yet during his Marston hearing he was denied the right to fire his attorney and also denied the right to represent himself pro-per, by the judge, thus he felt defenseless and was coerced to sign the deal. He feels that his Rights have been violated, and he wishes to have an appeal which he plans to request from the judge on the day of his sentencing court. Furthermore he has made contact with the Governor in hopes of receiving some kind of help. Does he have a right to fight for his rights in this case? And should he hire a lawyer to represent him?


Asked on 10/28/09, 10:39 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

First your friend was not sentenced to 3 years by the DA. The DA probably made an offer of 3 years if your friend pled guilty to the robbery. At a Marsden hearing the judge listens to the complaint of the client and the attorney and then determines whether the attorney's representation falls below the standard. To represent himself your friend would have to convince the court that he had the ability to represent himself. Representing yourself if almost always a big mistake. You should obtain the police reports, and other court documents for him. Then deliver them to an attorney who can review the records and then consult with your friend. The attorney will require have to be paid. Generally this payment is made before any action is taken.

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Answered on 11/03/09, 12:42 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Defendants generally do better with retained counsel Contact me directly.

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Answered on 11/03/09, 2:29 pm


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