Fort Worth, TX asked in Criminal Law for California

Q: Re: SB 1437 - how do I get representation for son that petitioned for re-sentencing? In LA County; awaiting court?

New law allows convicted to petition courts for resentence; his petition was accepted; and a court date has been set. How do I get him representation; for his benefit; rather than a Public Defender assigned?

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2 Lawyer Answers

Gary Kollin

Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: You contact attorneys and retain one

Rhonda Mae Hixon

Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: You can always hire an attorney privately, but it's worth mentioning that Penal Code section 1170.95 (where SB1437 is codified) placing the burden of proof on the prosecution to prove , beyond a reasonable doubt, that he is ineligible for resentencing. If the facts are clear that the change in the felony murder (natural and probable consequences) law apply, it may not be much of a fight.

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