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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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  #1  
Old 06-18-2012, 08:26 PM
WJD WJD is offline
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Default Public Defender vs State Attorney?

My friend plead no contest to mayhem for a 10 year sentence. Now he wants to go back to court. He's asking me about getting a state attorney. I don't even know what that means. Can anybody shed some light?
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  #2  
Old 06-18-2012, 08:45 PM
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junglette247 junglette247 is offline
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State attorneys prosecute cases they do not defend them. Maybe he is confused

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Old 06-18-2012, 11:33 PM
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Yeah he did seem confused,lol. He also mentioned probono. Attorneys don't do probono cases for just anyone do they? There must be some sort of criteria? Do you or anyone else know?

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State attorneys prosecute cases they do not defend them. Maybe he is confused

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Old 06-19-2012, 08:23 AM
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It's not easy to go back to court and get your sentence changed, if it was darn near everyone would try it. He has to have a valid reason and it has to be done within certain time limits. Why not suggest to him that he go to the legal library in the prison he's at and talk to people there and do some research on his own?

I honestly doubt you will find an attorney willing to take on this case for free.
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Old 06-19-2012, 02:24 PM
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He's in the hole so he can't get to the library. I figured as much though.I wished he'd have just gone to trial. He's a hot mess for sure. Thanks for responding though!

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It's not easy to go back to court and get your sentence changed, if it was darn near everyone would try it. He has to have a valid reason and it has to be done within certain time limits. Why not suggest to him that he go to the legal library in the prison he's at and talk to people there and do some research on his own?

I honestly doubt you will find an attorney willing to take on this case for free.
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Old 06-19-2012, 02:54 PM
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Patrickj Patrickj is offline
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Quote:
Originally Posted by MickeyTen View Post
My friend plead no contest to mayhem for a 10 year sentence. Now he wants to go back to court. He's asking me about getting a state attorney. I don't even know what that means. Can anybody shed some light?
Since he entered this plea I will assume he took a plea bargain deal.
If all of the terms were met in the plea bargain Not much can be done.
The State Attorney is the Attorney General who represents the State ( The people) in appeal matters If there is a problem with his sentencing he has ( had) 120 to ask the sentencing court to correct this problem.
Free attorneys are like free car mechanics few and far between .
Has he said what he feels is the problem with his matter? Since he took a plea deal ( assuming here) He was informed of certain rights that he waived by taking this plea deal. One of them is the right to appeal . If he thinks he he has an ineffective counsel issue he may try that angle . Like sleepy2 has said he needs to talk with someone at the law library he can shoot them kite through inmate request explaining his situation briefly Direct it to the Law library staff .Good luck

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Old 06-19-2012, 10:52 PM
Gryphon Gryphon is offline
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Actually, in CA there is a State Public Defnder. I don't think they do anything other than Death Penalty appeals.
There is an appointed attorney available if there is a right to appeal. These are assigned by a regional management council once a case is certified to be sent up for appeal from the trial court.
There is no right to counsel on Writs, although sometimes an appellate counsel will handle it and sometimes the court will appoint a lawyer AFTER they've certified a writ for argument.
Pro Bono criminal lawyers are a lot less common than finding teeth in chickens. An Innocence project is a best bet if there is a DNA issue or new evidence. It can take years to even get a reply.
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Old 06-19-2012, 11:15 PM
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Thanks you two. Yeah, it is hopeless and I knew that. I think he does too but it's just too soon to swallow that pill .
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