Legal Question in Criminal Law in Colorado
Indigent, appointed counsel.
This is a post conviction challenge question. In 2006 the Public Defender's office didn't accept misdemeanor criminal cases, unless jail time was offered as part of the plea bargain.
Now, they accept all misdemeanor cases.
Could this give reason to post conviction relief to someone who took a plea under the previous Public Defender rules? This individual is indigent, attempted to seek legal representation. Was not offered counsel. Accepted the plea so he wouldn't have to represent pro se without legal experience.
1 Answer from Attorneys
Re: Indigent, appointed counsel.
In the past, the public defender was barred by law from taking your case. Since then, the US supreme court changed the definition of incarceration, so the public defender may now accept it. The PuD's decision complied with the law at the time, so I think your post-conviction motion would be dismissed upon filing.
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