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.

Related Topics:
1 Lawyer Answer
David T Reagan
David T Reagan
Answered
  • San Leandro, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.