How can a person who has been appointed a public defender change public defenders? My brother is in jail and awaiting trail. His public defender wants him to plead guilty because he doesn't want to do any work on the case. My brother wants to get another public defender to represent him, can he do this or because he has no money does he have to keep an incompetent, lazy attorney? If he can change how does go about doing this?

PDs are covered by a Legal Aid group. You should be able to find them listed in your phone book. Call them and find out the procedure for your area. In some courts judges assign PDs from a list. It may be necessary to petititon the judge for a change.

Hi,
A public defender is appointed to the case by the Court.
So, you will have to petition the Court.
I would go to your local court house, go to the Court Clerk's office, and tell them what you want to do. They can guide you on trying to see the Judge.
I do wish you the best, and good luck.

Hello argento:

He MIGHT be able to fire his lawyer. Have your brother write him a letter firing him and telling him why. Send a copy to the judge. The judge may appoint another attorney not from the public defenders office, or he might not let your brother fire him. If not, that could be grounds for appeal.

excon

First I would say don't think of TV attorneys, what is the evidence against him ? If there is no chance of winning, making a deal ( plea bargan) is often the best thing to do, since you will get a lower sentence. Most cases are fairly well a done deal with good evidnece and witness.

Next you say he does not want to do any work on the case, what work do you think a public defender does on a case, a public defender has no money to check evidence, they don't have normally any investigators to go question anyone. They merely review the evidence against a person, see if it was legally obtained and make sure the persons rights are not violated.

He can ask ( make a motion) to the judge for a change in attorneys, which may or may not be allowed, but don't really expect another one to be of much help ( remember also they are all buddies and if you get rid of one of their people with a complaint, do you think they friend will care much about representing you either.

I am not saying you don't deserve the best defense you can get, I am just saying what I have seen from PD in years past.

Attorneys that are public defenders are one of several thing. Some areas don't have a public defenders office at all, the court merely requires various law firms that try cases in that court to defend people for free ( or for a very low fee), in some areas the state provides free liability insurance for attorneys who will do pro bono work for the court, and in some areas they have actual public defender offices ( but remember they are on a small budget, normally either very new attorneys or at times you get one that actually believes in a cause.

But the main thing is to set down and be realistic in what is the evidence.
If he is charged with drugs and 2 officers found the drugs on the person, and the drugs tested positive in a state lab ( what defense is there really?)

Hello again:

>>> (what defense is there really?<<<

Padre, Padre, Padre... Spoken like a true drug warrior. What defense is there?? How about an illegal search??

I wish too, to expand on my earlier post. In that post I suggested certain actions to be undertaken by your brother. In that same vein, your brother (or someone) needs to MANAGE his case. IF he just sits back, and LETS it happen of its own accord, HE will get screwed.

Is that going to be the fault of a bad PD? No. Is that going to be the fault of a mean judge? No. Is that going to be the fault of the “system”? No.

Let me clarify the attorney client relationship. The attorney WORKS for the client. Therefore, as in any successful employee/employer relationship, somebody is absolutely in charge and directing the show. If the employee is only expected to do the minimum, guess what? He'll do the minimum.

I'm not talking about legal skills. Of course you don't possess those. I'm talking about how to manage an attorney – how not to be intimidated by them – how to ask questions, lot's of questions - the RIGHT questions.

If your brother, or you, or somebody doesn't take charge of the defense team, your brother will wind up being one of the thousands of cons I've met in the slam, who sniveled, they were only in there because they had a bad PD.

excon

PS> By the way, I don't believe the PD wants your brother to plead guilty because he doesn't want to do any work on the case. THAT is what your brother is saying. Why don't you call the PD, and ask him directly? That would be a good start.