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daddyslildvl · Jan 3, 2007, 12:33 AM

If you got rid of a public defender can you get another one?. PLEASE HELP time is running out... :confused:

excon · Jan 3, 2007, 05:20 AM

Hello daddy:

It depends. Some public defenders work for a public defenders "office". If that's the case, then you fired the "office", and you can't rehire them. Other public defenders are private attorneys who are assigned the cases by the court. If that's the case, then you can get another one. Ask the judge. He'll give you another one - maybe.

Why did you fire the first one? If the judge doesn't like the reason, he may NOT give you another one.

excon

Fr_Chuck · Jan 3, 2007, 06:02 AM

Excon is right on, you have to ask the public defenders office or the judge to dismiss the one you have and appoint you another one. ( fire them)

Also the judge may want to know why, and to be sure it is not just a method of delaying the trial.

And as stated in some places they have public defender departments which may only be 2 or 3 attorneys to 100's of them. But in some areas like where I am at, regular working attorneys are forced to take on public defender cases as part of their obligation if they wish to trial other cases before the court.

So you will have to have a reason also, you did not mention it

daddyslildvl · Jan 3, 2007, 06:54 PM

Originally Posted by excon

Hello daddy:

It depends. Some public defenders work for a public defenders "office". If that's the case, then you fired the "office", and you can't rehire them. Other public defenders are private attorneys who are assigned the cases by the court. If that's the case, then you can get another one. Ask the judge. He'll give you another one - maybe.

Why did you fire the first one? If the judge doesn't like the reason, he may NOT give you another one.

excon

Well she just keeps trying to get him to take the deal... and she just don't seem to want to fight for him... and when it was pre trail... she looked at him and said to him she isn't going to ask them any questions... and he told her ask this and that... then she started to ask questions... anyway if someone ratted on him and they don't show up to court can they still charge him... because with out that RAT they couldn't pen the stuff to him... they offered him 6 with 80% he turned it down and wants to take it to trial...

Fr_Chuck · Jan 3, 2007, 07:38 PM

Plea bargain is the favorite things I saw public defenders do in my experience with them in court. I was normally the officer who arrested someone or an expert witness, and of the people I arrested I would guess 60 to 80 percent plea bargained. ( or they could not make bail on misdemeanors and latter had case dismissed for time served)

I would arrest them and never get called to go back to court for them,

Now if the person is guilty and the DA can prove it beyond a doubt, and the attorney knows they can't win at all, often a deal is a fairly good idea, if it is a good deal.

And often any of the Public defenders I saw as a officer at pre trial, often they had not even talked to the defendant, and first meet them in the back of the court room shortly before the hearing started. I was never impressed normally.

Has he went down to the public defenders office and talked to them about his concerns ?