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

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

Lancaster, PA -

Attorney Answers (3)

Robert C. Keller

Robert C. Keller

Criminal Defense Attorney - Havertown, PA
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.

Mark as helpful
Sponsored Listing
John P. Winicov

John P. Winicov

Criminal Defense Attorney - West Chester, PA
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.

Mark as helpful
Michael Lawrence Doyle

Michael Lawrence Doyle

Criminal Defense Attorney - Philadelphia, PA
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.

Mark as helpful
Sponsored Listing

Related Advice

Questions? An attorney can help.

Ask your questions on our Q&A forum. It's free and anonymous.

Ask a Lawyer

Need to find an attorney? Browse our lawyer directory.

Find a Lawyer