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

Asked about 2 years ago - Lancaster, PA

You were not able to find legal counsel on that fact and were not notified of when said hearing would be taking place ...Do you have a right to appeal to Supreme Court or file a PCRA

Attorney answers (3)

  1. Robert C. Keller

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

  2. John P. Winicov

    Pro

    Contributor Level 4

    2

    Lawyers agree

    1

    Answered . 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.

  3. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

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