Legal Question in Criminal Law in California

Re: Public defender

How long ago were you sentenced? If it was very recent your PD may be able to file a motion for reconsideration based upon the Cunningham decision. If your appeal is pending or if there is still time to file a notice of appeal, you can include this issue. PDs don't handle appeals in California, but an appellate attorney will be appointed for you at public expense if you can't afford counsel.

If it is too late to take these steps you will need to petition for a writ of habeas corpus. The right to appointed counsel applies only to your trial and your direct appeal; there is no right to a free attorney on a habeas petition. You should call your local public defender to see if they will help anyway.

If you can't get a PD, feel free to contact me. Depending upon the specifics of your case, I may be able to help at a reasonable fee. I am a certified appellate specialist (per the State Bar's Board of Legal Specialization) and have a great deal of experience with criminal matters.