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eastla · Feb 17, 2011, 04:10 PM

I have a friend who thinks if she fires her public defender in a felony case, they will have to give her a new public defender and postpone her trial that is set for two weeks from now. Is this true? Is this a good idea, or not?

JudyKayTee · Feb 17, 2011, 04:33 PM

Why is she firing the public defender?

I've seen this go all ways - Court refused to fire, Court told person to get her own private Attorney, new Attorney and adjourned date.

What is the charge, what type of felony?

AK lawyer · Feb 17, 2011, 04:38 PM

Originally Posted by JudyKayTee

What is the charge, what type of felony?

And what court, and where? I have just seen a federal district court allow the felony defendant to fire his PD, but refuse to appoint him a new one.

excon · Feb 17, 2011, 05:10 PM

Originally Posted by eastla

is this true? is this a good idea, or not?

Hello e:

If she fires him for cause, it'll work, but if she doesn't, it won't. She should fire him by certified mail, telling him WHY he's being fired. Her letter should be sent return receipt requested, and send a copy to the prosecutor and one to the judge.

excon

Fr_Chuck · Feb 17, 2011, 06:28 PM

It is up to the judge, they could find theirself setting in court with no attorney at all. Or an attorney walking into court and trying to read the file in the hall 5 min before court.
** in fact it is not uncommon for large areas to have different PD attend various hearings that know nothing of the case except for a brief review before the hearing.

So don't expect this to work unless the error on the PD is very obvious

eastla · Feb 17, 2011, 10:05 PM

Doesn't feel public defender is doing anything for her, 7 counts of burgurly. She never went into houses her boyfriend did. She is being considered lookout. But was offered same plea deal as he was and he is up for 8 counts w dna for him and little evidence for her. They have both been offered 4 yrs and to top off she is pregnant. This is in Ohio.

eastla · Feb 17, 2011, 10:06 PM

Hamilton county Ohio

eastla · Feb 17, 2011, 10:09 PM

Thank you, this was my feeling on her doing that but wanted to know if I was wrong. She is getting info from imates telling her to do this.

joypulv · Feb 18, 2011, 03:34 AM

I think she is expecting a lot, even from a really attentive lawyer. 1 count maybe, innocently sitting in the car - 7 times, she knew what was happening and was totally complicit. I know of a similar situation in CT that resulted in a fairly quick release from prison to a halfway house to have the babies (twins), but that place was equally strict and the babies were taken from her permanently when she broke some rules.