How to Replace Public Defender?

[bj21]

What is the name of your state? NY
In July, 2007 I was charged with Assault 3 (Domestic Violence, misdemeanor) on my mother by the Cheektowaga Police Departmentment. The allegations are totally false, Ma has alzheimer's and when she gets angry she complains to my sisters (who I don't get along with) and she makes up stories that my sisters take as gospel and they're all too eager to try to make trouble for me. Ma's condition is so bad that while RETURNING HOME from a doctor's visit, she asked if she would be going to the doctor that day.
After I was arrainged and released ROR, I was given a no contact order, and an order stating that I could go back to the apartment (with police), to retrieve my property.
I went back with police twice, and each time they told me that all I could take was my clothing. Thus, now, 7 months later, I still have not been able to retrieve my belongings.
When I told my P.D. about this he just ignored it and said he was only representing me in the criminal matter, and that if I wanted to retrive my property, I would have to take my mother to small claims court. I NEVER thought this case would drag out for so long, so I decided to wait until the 6 month No Contact order expired, and just ask my mother where the property is (it is no longer in the apartment).
After the No Contact order expired in Jan. I went by my sister's house (this is where my mother is living now) to ask my mother where my property was, but I didn't even get the chance to ask her because my sister came to the door and screamed that if I don't get off her property, she'd call the cops. I kept knocking hoping my mother would come to the door but instead the police were called and I was trespassed off the property. I asked one of the officers to ask my mother where my stuff was and he came back saying my mother was sleeping (it was approx 6 PM). My sister holds my mother incommunicado, even cousins who call my mother can't get through.
Finally, at one court apperance I told the judge about the police not letting me take my property as he had ordered, and he told me it was a civil matter (he wouldn't even enforce his own Order).
On my last court appearance, my P.D. told me the DA offered me a 1-year ACD if I went for an anger management evaluation. I said OK just to get the matter over with, but when I got into court the judge was reluctant to take the plea, so my attorney told him the DA said there was no Medical Report and they couldn't get my mother to testify because of her condition... I WAS STUNNED!!! This info was never given to me before going in front of the judge or I never would have agreed to go for the evaluation. Now the judge was eager for the ACD with evaluation and in court I found out it was not just an evaluation, but any treatment the evaluation found necessary (this is something else my P.D. never explained to me before going in front of the judge).
I called my lawyer as soon as I got home and told him I wanted to withdraw the plea agreeing to an ACD with counseling, and he told me he would try to do it, but then he sent me an affidavit to sign, and the reasons he gave in the affadavit was that "I" was confused and didn't understand what I was agreeing to, rather than the truth, that I wasn't fully informed of the of availabilty of evidence and testimony because of ineffective counsel.
I received my mail late today and haven't had a chance to call my P.D. on this matter but I really doubt he is going to submit paperwork saying he screwed up.
So the main question I have is this... Can I get a different P.D. & if so, how? I didn't go through a Bar Assn. or anything to get this P.D., I was given his name by the court.
In the alternative, is it time for me to try to scrape up money I don't have (I am living on Soc. Sec. Disab. & S.S.I (total$749/mo.)) for a private attorney or even go Pro Se?
Any help or advice anyone can give me on this matter would be greatly appreciated!!!
(I know some of these P.D.s may be overworked but I have NEVER even had a sitdown with this one and on the last phone call I made to his office, I had to immediately call back because once he answered the first question he hung up, and I had other questions.)
Thanks to anyone who took the time to read this whole thing.

[BL]

Ok who called the police in the first place ?

What was the alleged assault ?

Who complained the PD ?

Was there evidence of an assault ? Marks , bruises ?

You can request to be assigned a different PD , if the office or jurisdiction has more than one . Request it from the PD ?

However depending on your answers to the questions above , you may just want to have your current PD explain issues a bit better .

Apparently there are anger issues with the arrest , you may be required to take anger management classes from an Eval .

Laws and charges for Assault on persons such as your mother , have strengthened recently .

BTW , because you were arrested for DV Assault , standard PD procedure to accompany to retrieve your clothing .

Assuming you can prove your belongings and their worth when you received the RO , civil court matter .

[bj21]

First of all, thanks BL for replying...

To answer your questions...

I called the police because my mother stormed out of the house and didn't come back so after about 7 hours I called the police to locate her

The police told me my mother said I grabbed her hands and put my hand over her mouth

The cops told me there were bruises, but my PD requested Medical Records and there are none (nor is ther a written statement from my mother as to what happened)

[BL]

Originally Posted by bj21

First of all, thanks BL for replying...

To answer your questions...

I called the police because my mother stormed out of the house and didn't come back so after about 7 hours I called the police to locate her

The police told me my mother said I grabbed her hands and put my hand over her mouth

The cops told me there were bruises, but my PD requested Medical Records and there are none (nor is ther a written statement from my mother as to what happened)

Well the police officers testimony and insident report could be used , and it sounds like that is the sole evidence . Appearantly the DA reveiwed the evidence and decided to go forward with it .

Your PD may , in addition to a R/O , ask for an unconditional or conditional discharge , but as I stated DV laws have gotten stiffer , and so with the penalties .

They may just settle for the R/O , but I wouldn't count on it .

Perhaps the DA would agree to an extended R/O ( I don't know how long it's good for ) , and conditional discharge for a year. As part of that condition you may be required to attend a batterer program .

Your PD would be better able to tell you how the court veiws PD testimony and reports , and the outcomes . It seems like he's asking all the right questions about medical records and a statement .

[racer72]

Copy and paste this into your browser.

http://www.craigslist.org/about/best/sfo/70300494.html

[bj21]

To racer72,

Instead of giving me a rant to read maybe you could give some constructive criticism and address the questions I asked.

If you think that not keeping a client informed of the strength of a case against them is not important, I can see why you have a ready made stream of excuses for your clients.

You say you love your job and I DO believe that... but only because you have a steady stream of clients coming to you that you wouln't be able to get based solely on the merits of your work.

[racer72]

You want free legal representation, you got what you paid for.

You wanted free legal advice about the free legal representation, you got what you paid for.

If you want an attorney to be at your service whenever you want, expect to pay $500 to $1000 an hour.

You got what you paid for.