If you had a public defender because of income and they filed an Anders Brief before your Superior Court hearing

Attorney answers (3)

1. Licensed in PA

   

   Robert C. KellerPro

   Havertown Criminal Defense Attorney

   Contributor Level 19

   

   EmailVisit website

   4

   Lawyers agree

   Answered November 06, 2012 01:26. You have the right to file a motion with the trial judge requesting that they appoint you a lawyer to protect your rights. The attorney would investigate your ineffective claim and then file an appropriate pleading either at the trial court level or appellate level.

   • Mark as helpful
   • Flag
2. Licensed in PA

   

   Michael DoylePro

   Philadelphia Criminal Defense Attorney

   Contributor Level 20

   

   EmailVisit website

   2

   Lawyers agree

   Answered November 06, 2012 07:39. You can certainly file a PCRA. That must be done within one year of the appeal becoming final. You should see if there is any way to get the finances together to hire a private counsel.

   • www.michaeldoylelaw.com

   • Mark as helpful
   • Flag
3. Licensed in PA

   

   John P. Winicov

   West Chester Criminal Defense Attorney

   Contributor Level 4

   2

   Lawyers agree

   Answered November 07, 2012 12:01. An "Anders Brief" is a brief filed by the attorney for the Defendant telling the trial court that your Post Conviction Relief Act claims do not have merit. You have a right to receive a copy of the brief and you have the right to pursue your PCRA claim without the Public Defender as your counsel. You may file your own PCRA Petition (pro se) or you may retain a private attorney to file a PCRA for you. However you do not have the right to have the Court appoint an attorney. In this situation, you must either file your own PCRA petition without counsel or retain a qualified criminal defense attorney. I do not suggest that you try to represent yourself on a PCRA because it can be quite complex.

   • John P. Winicov

   • Mark as helpful
   • Flag