Public Defender unreachable prior to pre-trial; help!

[spotonmate]

What is the name of your state?What is the name of your state? Massachusetts (MA)

Questions: I'm a male, whose pre-trial hearing for an Assault & Battery charge (no charges pressed) is in 2 days, and I have not heard from my court-assigned lawyer ("Ross") since the arraignment; no response in the last 2-3 weeks (many voice-mail messages left, and one letter). What can I do? IS THIS NORMAL? I called the court; the public defender HAS been seen there, and so isn't out of town.

What are my options if I go into pre-trial without having had a chance to talk to the attorney? Is Ross not calling back because she thinks that the case is minor, or is it that she is too busy? Or does she want it to fail? Could I request a change in attorney (can't afford one), one with more time (Ross has many serious cases, from what I saw at the arraignment)? I already called the Attorney and Consumer Assistance Program (ACAP) in MA; should I call them again? They said that I can file a complaint and they'll "nudge" the attorney. However, if they do this, how will this impact the attorney's relationship with me?

Background: Ross, the Public Defender seemed quite capable and very professional when I met her at the arraignment. I've been charged with Assault and Battery against my wife "Trish" for an altercation when we were both nervously frayed; she is not pressing charges (the State is). I don't understand or know what will happen at the pre-trial; "my" attorney has not had more than 3 minutes after the arraignment to speak with me. Is it common for a defendant to go to pre-trial in 2 days without having conferred with his attorney since the first meeting at the arraignment? What are my choices if I go into pre-trial without meeting "my" attorney first? Can I request a new lawyer? Or a delay in the proceedings? Very confused and very stressed. BTW, I cannot afford to hire my own legal counsel.

Thanks for your help!

Go to the PD's office and nicely inform the kind lady there that you need to speak to your lawyer.

Sit down with a good book.

Don't leave till you talk with him.

Be polite and do not create a disturbance.

[Florid-aise]

Your question is whether this is common for a public defender to do this prior to a pre-trial. The answer is a very heavy yes. Should the public defender do this? That answer is a very hearty no. But the PD is probably very busy and is thinking that her needs on your case can be discussed in the ten minutes prior to the hearing. And she may just be correct. A pre-trial is not the focal point of your case (although important), it is the trial itself that you should be connected at the hip to your attorney. Be polite, be patient, and be persistent. I would be just a little hesitant to file a complaint against her right now, but do not discount that possibility if her overload eclipses your rights to be represented effectively. If she seemed qualified and capable at arraignment, then trust your instincts.

The State takes the case and prosecutes "in the public interest", whether your wife presses the charge or not.