What can my brother do if a public defender board of rulings said my brother was over-sentenced and yet nothing has been done? 1 Answers as of January 27, 2011My brother is trying to seek help. His public defender where he was sentenced at in Benton, Illinois. HE received a letter saying that according to the board of rulings, he was over sentenced by two years. Nothing has been done, he filed a habeaus corpus which was denied by the judge that sentenced him. What is his next legal step and how does he obtain a new public defender? Should the public defender be informed him that she is not his defender? Even though according to district court she is still listed as his counsel.
Timothy J. Thill P.C. | Timothy J. Thill
From what you are saying, your brother was found guilty of a Federal offense, and hadthe services of a public defender. He should contact the public defender's office in the appropriate county or district where he was tried, and have them file a notice of appeal with the appellate court. If he is having difficulties contacting the proper public defender, you might try to contact his original PD and let her know of the problem. If this happens to be a state criminal charge, there is a State Appellate Defender's office that should handle this matter, but I am not sure of who he would contact to handle a federal appeal Te public defender who handled the trial should be able to provide you with the appropriate defender's office in the Federal system.
Answer Applies to: Illinois