Chico, CA asked in Criminal Law for California

Q: Where to get some help for prisoner appealing 3 strikes parole denial.

Parole denied. Has no money to get good representation. Are there organizations willing to help.

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1 Lawyer Answer
David T Reagan
David T Reagan
Answered
  • Alameda, CA
  • Licensed in California

A: Is your question is there an opportunity to get help help for an appeal because the recall of his sentence was denied under Proposition 36 as a third striker? Or is your question that parole was denied after a hearing in front of the parole board, and you want to either 1) file a writ of habeas corpus to challenge the ruling of the parole board, or 2) request an advance hearing date for the next parole hearing if they denied him for several years?

As for question 1, there are a few organizations that help with third strike sentencing. Here is an organization that deals with Third Strike inmates, particularly Proposition 36 recall. http://www.threestrikesjusticecenter.com/Prop36_news_1.html They might be able to assist him if he writes a letter. I can make no guarantees since I am not familiar with this organization.

As for question 2, there are not many attorneys who assist parolees pro bono after parole was denied by the parole board. From time to time the organization California Prison Focus can help look for a pro bono attorney. http://www.prisons.org He could send a letter to their office.

Another option is to contact local attorneys who work in prison law, and see if there is anyone they can refer you to who will take a case on a very low monthly fee that the inmate may be able to afford with the help of family.

The final option, which is not particularly good, is for the inmate to write his own petition for writ of habeas corpus to the superior court. If the superior court decides to issue an order to show cause, meaning that the court thinks the inmate has a decent case, the court will appoint an attorney at no cost to continue representation on the writ of habeas corpus.

Best of luck.

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