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jupiterskye · Aug 27, 2009, 04:32 PM

What recourse do I have if my public defender refuses to send my request for discovery to the DA's office, refuses to answer or even accept my request for discovery? I have sent (certified mail) an FOIA request to her, and she has refused to discuss it with me. I have included all of the applicaple laws regarding the info I requested, and she STILL will not forward it to the DA's office. PLEASE HELP!! Court is coming up very soon!

excon · Aug 27, 2009, 04:42 PM

Hello j:

I thought you fired her. If not, I would. Do it in a certified letter. Send a copy to the prosecutor and one to the judge. They'll appoint another one.

excon

twinkiedooter · Aug 27, 2009, 04:43 PM

What sort of criminal charges are you facing here that you are being denied your discovery from the DA's office. As any criminal attorney should do as simple boiler plate pleadings would be to demand discovery via a pleading to the court and the DA's office reciprocating with the paperwork. How do they intend proving their case without providing the discovery for you to review with your PD?

What kind of "court" is coming up soon? Is it a trial, a pre-trial hearing? What kind of hearing is coming up?

jupiterskye · Aug 28, 2009, 10:03 AM

Originally Posted by twinkiedooter

What sort of criminal charges are you facing here that you are being denied your discovery from the DA's office. As any criminal attorney should do as simple boiler plate pleadings would be to demand discovery via a pleading to the court and the DA's office reciprocating with the paperwork. How do they intend proving their case without providing the discovery for you to review with your PD?

What kind of "court" is coming up soon? Is it a trial, a pre-trial hearing? What kind of hearing is coming up?

Manufacture/Delivery of Controlled Substance (Psilocybin) with an "substantial quantity" enhancement. Been to 2 "status hearings" already. They may ask me to actually make a plea this time. If I go with "not guilty" and take it to trial I will lose the plea offer I've been given.

jupiterskye · Aug 28, 2009, 10:08 AM

Originally Posted by twinkiedooter

What sort of criminal charges are you facing here that you are being denied your discovery from the DA's office. As any criminal attorney should do as simple boiler plate pleadings would be to demand discovery via a pleading to the court and the DA's office reciprocating with the paperwork. How do they intend proving their case without providing the discovery for you to review with your PD?

What kind of "court" is coming up soon? Is it a trial, a pre-trial hearing? What kind of hearing is coming up?

I have been given a "discovery packet" from the DA's office, which includes the police reports, photocopies and lists of the evidence, etc. What it does NOT include, and my lawyer says is unnecessary, is the title 18 USC info I have asked for. I included ALL the relevant laws in with my FOIA request, although I doubt she has taken the 20 minutes or so required to look them up. I am also QUITE certain she has come nowhere close to presenting the DA's office with ANY of that request.

excon · Aug 28, 2009, 10:12 AM

Hello again, j:

It's time to get CLEAR. If you remain foggy, you'll do a LOT of time in the slam. It's a lot harder to get out AFTER you're in there, than it is to prevent your going in there in the first place...

So, I don't know what you want from us. A while ago you wanted to fire your lawyer because you weren't getting the help you needed. Then that conversation ended... Now, you've still got this lawyer, who you don't think is doing a very good job, and you're talking about making a plea or going to trial...

So, tell us what you want to DO, and we'll tell you HOW to do it. IF you're going to STICK with this lawyer, the STICK with them and DO what they suggest. IF you don't want to do that, and they WON'T do what YOU want to do, FIRE him.

excon