I have a friend that is being represented by a public defender.so far she has done nothing in regards to his case.He is sitting in the county jail.She has been to visit him twice and neither times has she taken any files with her.She is asking him to plea to 8years on a case that his co defendant got dropped due to lack of evidence.My question is can she be fired and another one appointed with only a short time left before sentencing?

Hello c:

Yes. She should do it by certified mail citing the reasons you gave us here, and send copies to the prosecutor and the judge. When she next visits the courthouse, she should say NOTHING, other than she can't proceed WITHOUT legal representation... They'll give her another attorney.

No, they're NOT going to like it... So??

excon

PS> (edited) I just re read your question.. I see you said SENTENCING... IF she's already accepted the plea, then it's all over and she doesn't NEED a new attorney... It's TOO late.

...
PS> (edited) I just re read your question.. I see you said SENTENCING... IF she's already accepted the plea, then it's all over and she doesn't NEED a new attorney... It's TOO late.

That's the first thing I saw in the opening post.

The PD was asking the OP's friend to agree to a plea bargain.

I don't see that the suspect agreed to such a bargain and, more importantly, that the judge has accepted it.

So what's coming up would perhaps be a change-of-plea hearing and sentencing expected to happen at the same time. The defendant should say "No, I don't want to plead guilty despite what my lawyer said." At that time, if the defendant asks for it, a new attorney will probably be appointed and, in any event, the sentencing hearing will be cancelled. It should be set for trial.

A co-defendant? Am I wrong; I thought they were tried together?

Hello again:

Couple things..

It looks to ME like the co-defendant got his charged DROPPED.

Secondarily, in my view, the confusion lies in WHEN and/or IF a guilty plea was accepted by the OP and the court. She uses the term "sentencing", as though the plea was accepted at a prior hearing.

If that's the case, then my position is correct. You CAN'T change a plea. However, IF the sentencing hearing and the plea are going to happen at the same time, and since the plea has not yet been accepted, the defendant CAN fire the lawyer and plead not guilty...

excon

It's not clear to me what problem the defendant has with the PD.

Done nothing except visit him in jail twice? I doubt that's "nothing"; a lot can be done out-of-sight which OP would't know about. She takes no files with her when visiting the client? So?

Hello again, lawyer:


a lot can be done out-of-sight which OP would't know about. She takes no files with her when visiting the client? So?There's no question that the PD's are overworked and understaffed and cannot devote the time required for each case...

That, however, is NOT the defendants fault. He is Constitutionally ENTITLED to a vigorous defense. If he's NOT getting it, he can FIRE him and ask the judge to appoint somebody who WILL provide him with one.

Excon