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    trupacker58's Avatar
    trupacker58 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 9, 2007, 11:45 PM
    If a Public Defender is Not letting you know what's going on
    The public defender assigned to this case has only came to see my brother in jail 2 times the first minutes before a calender call and the next time was only to tell him to plea She is Not telling him all the what iffs in the case he is facing serious charges and this PD has only spent a total of approximately 25 minutes with him Now he is supposed to plea Thursday My othr question is Can we do a Backround check On the public defender as to personal info. The reason I ask is My brother is facing charges for rape of a minor (which very much a part of the action willingly ) I want to know if She Has a minor Girl that would make this more personal? Can I find out about her?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 10, 2007, 06:41 AM
    Hello tru:

    THIS is bizarre stuff. I'm sorry. I didn't hear the first question - only a complaint. You want to investigate your brothers lawyer?? Wow. You really have no idea whether the PD is doing a good job or not, do you? Why don't you call her up on the phone and talk directly to her??

    IF the lawyer finds out about your investigation, don't you think that'll piss her off? Who do you think she's going to take that out on??

    If you have money to hire an investigator, why don't just hire a private attorney for your brother??

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 10, 2007, 06:46 AM
    What you don't say is how long your brother has been in jail and what the PD told him to plea. You have to remember that PDs are extremely busy. It may just be that she is finishing up other cases and until your brother is arraigned (that's when he enters a plea) she doesn't need to do much on the case. If she has told him to plead not guilty then she has been doing her job. If you are concerned about the job she is doing then make an appt to meet with her and discuss it.

    But frankly, I don't think you have any grounds to question the PD yet.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 10, 2007, 07:05 AM
    Ok first it appears your brother had sex with an minor, underage girl, that is rape if the girl offered and wanted to. Plain and simple, there is no defense against sex with under age person. You can try and show she looked older and the such but I have not know for it to work.

    So the public defender is giving legal advice, he goose is cooked, the difference in a plea may be if he goes away for 15 years when convicted or do 3 to 5 years in a plea ( or some numbers like that)

    And honestly there is not much for them to tell, they looked over the case, reviewed the evidence, found there is enough evidence to put you away and they went and talked to the DA and worked out a deal.

    There is nothing else to the case, It is not like on TV where they send out dozens of investigators to check this or that.

    Issues, it appears your brother confessed that he did have sex with this girl, so basically he convicted hisself.

    The PD most likely spent along time looking over the evidence and talking the DA into a deal. That is where they do their work, reviewing the evidence. A minors testomony that yes that is the man who had sex with me. And the minors birth certificate is all the need to convict him basically esp if he agrees he had sex with her. There does not have to be any force for it to be rape, any sex with a under age girl, even if they are boyfriend and girlfiend is rape

    So no what you are saying is silly, you obviously think someone is out to get your brother, it is obvious just from what you said, that you know he is guity as the law is written.

    If what you said in your question was said on the stand, that would convict him.
    1. he had sex with under age girl, girl agreed to have sex, but was underage *** guess what that is rape under the law.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jan 10, 2007, 09:42 AM
    Hello again, tru:

    I thought some more about this... Here's what I think is going on. There is a case happening, and nobody is in charge. Somebody has to take charge. Your brother can't - he's in the slam. His lawyer isn't (or at least you don't KNOW that she isn't) - and you want to find ways to get her to be.

    I think that's very good. You want her to be on your brothers side. Investigating her ISN'T a good way to get that done.

    Ok, the lawyer isn't a good manager. That's cool. You want her to be a good lawyer, not a good manager. So, look around. Who's left to pick up the reins in terms of management?? I think you're the only one left.

    So, the FIRST thing you need to do, is speak with the lawyer. I'll bet you haven't done that. Get written permission from your brother and go see her. You might have to plant yourself in front of her office to do it, but if that's what it takes...

    AFTER you've had a good long talk with the lawyer, tell us what she said. If you're still not satisfied with her, then FIRE her - don't investigate her. I'll show you how to do that.

    excon
    magprob's Avatar
    magprob Posts: 1,877, Reputation: 300
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    #6

    Jan 11, 2007, 12:33 AM
    Most arraignments happen within the first 48 to 72 hours. I would say this is a pretrial confrence. We all know that in a case as serious as this, we never plead guilty at the arraignment nor at the pretrial. We should plead not guilty. If he has already admitted to having sex with a minor to the police, then the next step is to consider the plea agreement. If the case carries a maximum 15 years and the prosecutor is offering something closer to the minimum, I would sign on the dotted line and ask for a copy!
    I base this on the amount of time the public pretender visited him in jail. Twice! Most P.D.s never visit you in jail or if they do, it is once a year! :)

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