Ontario, CA asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for California

Q: 2016 clerical error on my brothers paper work online that he never seen n he is still in prison n he never waived his ri

N got sentenced n 2008 wel my bro never seen the paper work or waived his rights on a paper then the other paper i found was a week later from 2016 paper they had resentencing/modification hearing n corrected it nunc pro tunc reflect but is it legal for the court to not notify my bro about the error or the reveiw they did n i just found out his public defender is now a D.A so my bro would of never knew if i never went over is recored online so what do i do

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED

SINCE PUBLIC DEFENDER REPRESENTED HIM IT IS THE OFFICE THAT HAD HIM AS A CLIENT.

THEY SHOULD ASSIGN ANOTHER PD TO CLEAN UP ANY PROBLEM.

EVERY COURT IS DIFFERENT......IN INDIO COURT HE WOULD HAVE HAD TO SIGN PLEA FORMS THAT ADVISED AND WAIVES CERTAIN RIGHTS. IN ADDITION THE JUDGE WOULD READ THEM BEFORE IMPOSING SENTENCE.

HE MAY HAVE BEEN NERVOUS AND NOT BEEN AWARE.

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