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

    Nov 14, 2010, 05:23 PM
    New Public Attorney
    My husband wants to Motion the Judge for another Public Defender since he feels that his current one is not able to represent him fully due to his personal feelings toward me. His public defender sent me an email calling me a liar and accusing me of slander because I was asking questions about certain statements he made to my husband. He contacted my husband's old attorney and informed him that my husband was blaming him for everything which is not only untrue, but also goes against client/attorney privilege if I am not mistaken. So my question is this: Can I husband write a letter or file a motion with the Judge asking for a new Public Defender?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 14, 2010, 05:58 PM
    Quote Originally Posted by Cassmar View Post
    Can I husband write a letter or file a motion with the Judge asking for a new Public Defender?
    Hello C:

    In criminal court, there ain't no ASKING. What he needs to do is FIRE his attorney. He should write him a letter doing just that citing the reasons you listed. He should send his letter certified, return receipt requested, and send a copy to the judge and one to the prosecutor.

    That's all. He doesn't need to request a new attorney because if he qualified for the one he had, he's going to qualify for a new one, and it should happen automatically... If it doesn't, get back with me - but it will...

    On second thought, I wouldn't list all the stuff you did.. It sounds TOO dramatic... I'd simply cite personal differences. Ok, he can mention that he called you a liar.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Nov 15, 2010, 06:43 PM

    If this is the second public defender your husband got he won't get another one. If this is the first one there is a good possibility he'll get a new one. Most judges only give you two period not three.

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