What can we do if we were mislead by Public Defender and need more time to figure things out?

Question

We were mislead by our public defender about eligibility for boot camp for months before trial. Two days before the trial the public defender told us he was not eligible for boot camp, and to excuse him because he read the fine print wrong. He gave us misleading information. Then a month while convicted, was given work release papers and a month after he was told he was not eligible for work release because he has two felony charges. I want to know if there is anything we can do now about any of this. It has been exactly one month after conviction.

Austin Hirschhorn · Answer

It sounds to me as though your appointed lawyer may not have all of the answers but it doesn't seem like anyone has been harmed by what has happened up to now.  If you need more time to figure things out you should have your lawyer to request an adjournment of whatever is scheduled to give you the time you need to figure things out.

Leonard A. Kaanta · Answer

You can sue for malpractice and file an appeal for the misinformation.

Gregory Casale · Answer

It is unlikely at this point in the proceedings, but it is possible. There is a motion called Revise and Revoke that must be filed within 60 -90 days after disposition that may allow relief. Other than that you would have to seek a new trial and both of these remedies are difficult to obtain.

Terry Nelson · Answer

Your options are to either talk and sort it out with the PD and court, or substitute in private counsel to help you do so.  If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.   

He has only 60 days to file an appeal if he thinks he has grounds to do so. It may be too late for any other motions, but we'd have to research it.

Mark Smith · Answer

There is really nothing you can do. Even lawyers sometimes make  errors.

Larry Dunn · Answer

The time to appeal a felony conviction is exactly 30 days after the   sentencing date. If it is too late to file an appeal, there may be ways to   challenge the conviction by Post Conviction Relief. You should  immediately  consult with an attorney who is experienced in  appellate or post conviction law.

Robert De Groot · Answer

You will have to hire an attorney to look into what is actually available at this stage. You may be able to file a special motion because of ineffective assistance of counsel. The time to appeal has probably expired.  A notice of appeal must be filed within 30 days. There were probably insufficient grounds. It  can cost you around $5,000.00 to have an attorney see what can be done. This is what happens under these circumstances. Hire private counsel.

Stephen Freeborn · Answer

I would need to review the court files.  If things are exactly as you said, you may be able to petition the court to reopen the case and withdraw the conviction and start fresh.  You will need to hire an attorney who handles these kinds of matters.

Nathaniel Shafer · Answer

It may be possible to get a new trial for ineffective assistance of counsel. An attorney familiar with the appeals process would be your best bet.

Steven Alpers · Answer

I don't know what he was charged with committing.  The punishments and various options depend on what charges he was facing, what he was convicted of doing, and what his prior record is, if he has a prior record.

Leonard Harden · Answer

If plea was entered under false pretense it can be withdrawn.  It is a relatively high burden but can be done.  If condition of plea was work release and he in ineligible that may be enough.  I would want to know more of the facts and listen to plea and sentencing hearing.

Gary Moore · Answer

A motion for post conviction relief, based upon the inadequacy of legal services provided, can be filed with the Court.

John Brennan · Answer

This is a mess and time is running.  Has there been a sentencing?    Beyond that generality, it is impossible to answer your question definitively on the facts presented. A significant retainer will be required.

Mark R. Thiessen · Answer

Go to the public defenders office and request one of their post conviction attorneys sort this mistake they made out.  They should give you a free appellate attorney to clean up their mistake.

Michael Palumbo · Answer

Retain counsel to vacate the convictions upon a motion of ineffective assistance of counsel.

James Osak · Answer

That might be malpractice. Tell PD you're going to file a claim against him with the MI State Bar Association unless he fixes this mess pronto!

Dennis Roberts · Answer

First go to the supervisor and report this idiot.  I don't know what you can do  if he is really not boot camp or work furlough eligible so ask the Supervisor.

Harley Gutin · Answer

You may file a Motion for Post Conviction Relief and claim the plea was not  voluntarily  entered into.  If you prevail the sentence would be vacated and the plea withdrawn.  You would be facing the same charges.  Basically starting all over again.

Steven Fairlie · Answer

The appeal period probably just expired, but you may want to look into whether there are grounds to allege ineffective assistance of counsel.  You should consult a good lawyer.

John Patrick Yetter · Answer

Since your time to appeal finishes 30 days after the plea or sentencing, your likely chance to deal with this is through a Post-Conviction Petition.

Bruce Arthur Plesser · Answer

You should appeal or sue public defender.

Jeff Yeh · Answer

File a complaint with the State Bar is pretty much all you can do.

Dennis P. Mikko · Answer

It is unfortunate that your attorney provided you with wrong information, however, there may be little you can do about it.  The real question is whether the attorney acted in a proper manner during the trial and provided an appropriate defense.  If there is a valid conviction, the ultimate sentence is within the discretion of the Court.

Gregory Crain · Answer

You can file Rule 37 if it was not appealed.

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What can we do if we were mislead by Public Defender and need more time to figure things out?

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