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public pretenders
Sep 8, 2006, 11:31 PM
I would like some clarification as to firing a public defender. Is a person permitted (2) appointments or just (1)? Are you on your own if you fire your public defender? I was told there is a clause in the statutes that says you are entitled to (2). Does it vary from state to state? I have asked clerk of courts already and told only one! Also, how does one find out if a police cruiser was equipped with a video recorder and if it was actually ON, at the time of your encounter? By the way this all takes place in the state of Colorado.

Thanks.

Fr_Chuck
Sep 9, 2006, 07:25 AM
Hello, if you have a court appointed attorney you will have to appear before the court and ask them to request that the judge appoint you another one.

Now to be honest in many places your public defender will have about 500 cases they are working on, and no budget at all to request any material or tests. So I am not sure what level of service you expect from a public defender but in many cases they merely be sure that your rights are protected and do little real work on evidence for you.

Also a lot depends on how your public defender group is set up, in some areas these are merely private attorneys that do work at no charge because the courts requrie them to, and in other places it is the newest attorneys doing it because the state provides them their professional liablity insurance if they do it. In other areas there will be a real public defender department that employs attorneys who do nothing but public defending. In either case normally there is no budget for any investigation.

As for as the police cruiser and the video recorder, first it depends on how long this has been, many departments merely retape over the tapes on the recorder if there is no serious case recorded on them.
But most video recorders come on automatically when the officer turns his lights and/or siren on.

Next what is the tape going to prove or not prove, what type of case is it,

What you would do is file a motion for the discovery of evidence with the court, in it you ask for the recording from the video recorder, they would either provide it, or make a statement there was none.

public pretenders
Sep 12, 2006, 11:46 PM
Dear Fr chuck. First let me say thank you for taking the time, you answerd questions that I had been trying to get answered for months! I only wish things were done "One Way", EVERYWHERE! This is what I know so far, This is a schedule two charge as well as a precursor charge! Hell of a mess! Let me just say, I have many reasons to cry set up, however, accusing cops of planting evidence, lying over and over in a police report and obstructing justtice by , straight up removing a license plate light so as to have an absolute reason for a stop, is a pretty big can of conspiracy to open! So I am just trying to get out of this mss as uscaved as POSSIBLE

excon
Sep 13, 2006, 07:17 AM
Hello Public Pretender Dude:

The Padre knows...

Let me speak to you a bit about managing your attorney. In the first place, if you have a conflict with an attorney, you won't be appointed another attorney from the same office. That makes sense to me. Therefore, if you fire your lawyer, your next one won't be from the public defenders office, assuming your first one is.

Sure, you can fire your lawyer, and they will appoint another (or you have good grounds for an appeal). But, you may not have any better succcess with your new attorney if you expect things to happen that are not going to happen. Just remember, he works for you. Like any employee, he needs to be managed.

In my business, I hire very talented technical people who are very much smarter than I am, and do things that I could never do. But, there is no question as to who the boss is.

excon

s_cianci
Sep 13, 2006, 06:38 PM
The constitution guarantees everyone the right to "an" attorney, implying one. You of course also have the right to waive that right, at least technically, and can fire your public defender. But if you do, then you are on your own unless you hire your own attorney privately. Also the judge would probably strongly discourage you from appearing as a defendant without some sort of representation, especially if you are charged with a sufficiently serious offense to warrant needing an attorney in the first place.

public pretenders
Sep 18, 2006, 08:46 AM
Hello me again,

As I was saying, if I start throwing around accusations of police corruption, **** IS GOING TO HIT THE FAN. I live in a town where cops are still favorable, and a state (colorado) that is becoming more and more policed by the minute. People just aren't seeing it YET, or they don't want to! None the less, if I win, careers are ruined, just as well and so be it. But if I LOSE, then I really LOSE!! I have had to previous run-ins with this officer, both times she approached me for NO REASON, other than I was there. Once was on private property and was simply retrieving my phone charger from the car. The second time, I drove past her and she immediately started pursuit even following me for a block without any headlights, sneak attack I guess. So, I pulled over, parked, locked and exited the vehicle, before she could find reason. THIS seemed to piss her off, that and the fact that her request to search the vehicle BOTH TIMES, were DENIED! I did however ask her why she wanted to search, she replied with a shrug of her shoulders," Oh, just curious"! NOT! I believe I became a mission at that point. I have also found out that she has a crush on an EX-boyfriend of mine. Very mature!
Inoperable license plate lights are favorable reasons for being pulled over where I'm from, whether true or not. My whole bulb was GONE, I checked it only two days prior. She was waiting for me to leave that night, to show ME who's BOSS! There is much more to this story, but I have a question then I'm off to work. How can I find out if anybody else has cried "SET-UP", that she has arrested? Anybody know?

mr.yet
Sep 18, 2006, 09:05 AM
First, a Public Defender , an attorney is a "OFFICER OF THE COURT", they respresent the court first, you second.

They are members of the BAR.

I personnally I never consent to any spoke conversation with any officer of the law. I tell them quote, "I do not consent to this conservation, and am I under arrest."

This is just my opinion.