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-   -   Do I have a right to an effective defense (https://www.askmehelpdesk.com/showthread.php?t=91519)

  • May 11, 2007, 07:45 AM
    zipora
    Do I have a right to an effective defense
    I want to fire my public defender in hopes of being appointed a better defense attorney. D

    Do you think this is the way to get more effective representation for free ?
  • May 11, 2007, 07:57 AM
    Fr_Chuck
    First if you want another public defender you have to go in front of the judge and ask him to appoint a new attorney. Or depending on the area you go to the head of the public defenders office and ask for a new one.

    But I am not sure what you want with a public defender, remember most have no budget to have any research done, ( you would have to pay for tests of evidence and the such) they have no budget for expert witnesses, you have to pay for them. Some courts have budgets many don't. Some courts don't even have a PD department, but only have area attorneys that are required to do pro bono work for the PD department.

    So often merely losing is not a reason to be able to change attorneys, you will need proof they are not doing their job.
  • May 11, 2007, 08:11 AM
    excon
    Quote:

    Originally Posted by zipora
    I want to fire my public defender in hopes of being appointed a better defense attorney. Do you think this is the way to get more effective representation for free?

    Hello zip:

    You are entitled to effective councel. However, just because you're entitled to it, doesn't mean that you'll get it. Good for you to have recognized that fact.

    Yes, you can fire him. Write him a letter firing him and telling him why. Send a copy to the judge. Send another letter to the judge asking for new appointed councel. You should get it.

    However, you asked if this is a way to get better representation for free.

    The answer to that question is NO. This is a way to get another lawyer who may or MAY NOT be better. And, he's going to be the last lawyer they'll appoint. If you want better, you'll need to hire it.

    excon

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