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    darlanshayne's Avatar
    darlanshayne Posts: 3, Reputation: 1
    New Member
     
    #1

    Mar 8, 2010, 09:14 AM
    Can an attorney tell you that you asked a dumb question?
    My girlfriend is in Brazoria County Detention Center, after she was appointed an attorney, he and the Probation officer told her that they were going to try to get a bond for her, because currently she doesn't have one. Last week she asked if there was any way to get a bond set, so she could get out, her court date was originally for 2-25, but was reset until 3-24, so she's just sitting there. When she asked about the bond, he replied, "I just have to laugh when people ask a dumb question and that was a dumb question." Well, I have power of attorney over her, and the last two times I have spoken to him, he has referred to her as "pathetic" twice, can he really do this, she has a mental illness and he is well aware of this and still told her that was a dumb question when he brought it up first. Just want to see what everyone else thinks of this, if he can say this, then to me he doesn't have her best interest at heart and as her attorney he is supposed to.
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #2

    Mar 8, 2010, 09:47 AM

    I think he sounds like a real jerk but being a jerk isn't necessarily illegal. Is getting her a new attorney an option? Can you or she afford a better one?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Mar 8, 2010, 04:49 PM

    Have her tell him this:

    "Ok. Maybe I asked a dumb question, but I still demand an answer. If you can't answer the question, I want an attorney who can."
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 8, 2010, 06:44 PM

    First you don't have "power of attorney" OVER someone, you merely have their power of attorney that allows you to sign for them if they are not present. It gives you no right to be "over" them. So if you said that to the attorney he is laughing at you also. ( sorry)

    Most likely he said it, since he had already explained to her that she had to go to a hearing before bail would be set, ** assuming that to be your case** and she was merely asking something he had already covered with her.

    Many public defenders are of course low paid, and many have to do this free to practice before the court in their regular practice

    And ( sorry to some of the attorneys on here) but many are jerks. They don't do or represent you because they like you or because they are you friends, they do what they have to , to be sure your rights are not violated
    darlanshayne's Avatar
    darlanshayne Posts: 3, Reputation: 1
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    #5

    Mar 9, 2010, 08:17 AM
    Quote Originally Posted by Fr_Chuck View Post
    First you don't have "power of attorney" OVER someone, you merely have thier power of attorney that allows you to sign for them if they are not present. It gives you no right to be "over" them. So if you said that to the attorney he is laughing at you also. ( sorry)

    Most likely he said it, since he had already explained to her that she had to go to a hearing before bail would be set, ** assuming that to be your case** and she was merely asking something he had already covered with her.

    Many public defenders are of course low paid, and many have to do this free to practice before the court in thier regular practice

    And ( sorry to some of the attorneys on here) but many are jerks. They don't do or represent you because they like you or because they are you friends, they do what they have to , to be sure your rights are not violated
    I didn't mean over her like that, and no I have never discussed it with him, he knows I have her power of attorney, and there never was a bond hearing, there was never a bond, they brought it up when she first got there and since her court date was pushed back even later she merely asked if it was possible. As for as them being low paid, it's there choice to do this, no one forces them to do this, they have to apply and be accepted, and he has been doing this for 4 years, so I don't know what his problem is, other than he has one.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Mar 9, 2010, 12:43 PM
    Hello d:

    He can be fired. Maybe he should be. I'll tell you how to do it, if you and she wants to get it done. Complaining about him won't do anything except piss him off. He isn't going to change and you don't want him pissed off.

    excon

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