Legal Question in Criminal Law in California

Re: Inadequate Public Defense

You can possibly appeal, based upon ineffective assistance of counsel and other issues raised. Contact me if willing to discuss the substantial attorney fees of doing so.

Re: Inadequate Public Defense

Sorry to hear about the defendant's acceptance of a plea, although it's pretty clear on the guilty forms that a defendant admits that he or she knows what they are doing, have been advised of all their rights, decide to plead guilty, and are not coerced into a plea.

Having said that, a defendant does have the right to bring a motion to withdraw a plea, or bring a writ of habeas corpus, if you can prove that the defendant was not of "sound mind", which will take a psychiatric evaluation, at the time of the guilty plea, i.e., did not meet the legal test of sanity.

If the defendant cannot afford private counsel, then I think they may not be happy with the prices appellate attorneys charge, but those are the options.

If you have any other questions, please feel free to email me directly at [email protected].

Re: Inadequate Public Defense

When a defendant accepts a plea, he is asked, in VERY clear terms, if he understands:

That he has a right to a trial,

That he has a right to present evidence,

That he has a right to subpena witnesses at no cost,

That he has a right to cross-examine witnesses at trial . .

he is also asked:

If he understands the charges against him,

If he agrees to plead guilty,

If his plea is made voluntarily,

If any promises or threats were made to him,

etc.

Your friend waived his constitutional right to a trial. The judge probably found that his waiver was made "intelligently" and "voluntarily".

Unless there is reason to think the judge was wrong in making a finding of a knowing and intelligent waiver, your friend probably has no recourse.