Legal Question in Criminal Law in California

My son took a plea on several charges and has since been incarcerated in a California State Prison. He would like to appeal the sentence. He had various charges and two separate attorneys. He has requested copies of his case from both. One was more than happy to provide copies with blacked-out info on witnesses, etc, where needed. The other attorney snippily replied that he was forbidden by case law and the penal code from forwarding copies of the case (he would not supply the precident or penal code section, told me to look it up myself). I am wondering if the attorney who refused to submit copies was correct. Is there anything I can cite that states he must submit copies upon request by my son. He stated that when my son files an appeal, the appeal court will notify him to send copies to my son if he is pro per or to his attorney.Until then, he stated he could not and would not send copies of the case to my son.


Asked on 12/01/10, 10:02 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

There is nothing that requires an attorney to make a copy of the file for a client. In some cases, it is better for an inmate NOT to have a copy of the file, where other inmates may be able to read it.

An attorney must provide the actual file to the client (except for confidential items, like the addresses and phone numbers of witnesses) when the case is concluded. Because your son is appealing his conviction, the file should go to the appellate attorney.

In order to appeal the convictions, your son must file a Notice of Appeal with the Superior Court where the conviction occurred within 60 days of sentencing. His attorney should file the notice on request.

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Answered on 12/07/10, 1:57 pm


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