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When should I let my public defender go

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My PD only wants to make a plea bargain.

I feel I’m better-off representing myself.

I am scheduled for trial, (I believe it is a pretrial)

Should I release the attorney before my next court
date or during the trial?

Do I need to write a motion to do so.
 


Heather2

Member
Have you ever heard the saying any one who represents himself has a fool for a client? Your PD is there to help you. Just because he wants you to take the deal doesn't mean you have to. Tell him you want to take it to trial but don't represent yourself.
 
Heather2 said:
Have you ever heard the saying any one who represents himself has a fool for a client? Your PD is there to help you. Just because he wants you to take the deal doesn't mean you have to. Tell him you want to take it to trial but don't represent yourself.


Have you ever heard the saying He who pays an attorney $200 hour is a fool. It’s just a saying.

My question [isn’t] why I should or should not secure an attorney, but
thank you for your advice.
 

Heather2

Member
davisdrafting said:
Have you ever heard the saying He who pays an attorney $200 hour is a fool. It’s just a saying.

My question [isn’t] why I should or should not secure an attorney, but
thank you for your advice.
You have a public defender so how are you paying him $200/hr?
 
Heather2 said:
You have a public defender so how are you paying him $200/hr?
If I take a plea it is an admission of guilt thus I am responsible
for the PD’s wages and court fees.
The same go’s if I lose at trial.
If the PD refuses to subpoena vital documents from the DMV that will prove my innocent and refuses to write any motions why should I secure him.

This post is going off track, my question was

1. Should I release the attorney before my next court
date or during the trial?

2. Do I need to write a motion to do so.
 

Heather2

Member
davisdrafting said:
If I take a plea it is an admission of guilt thus I am responsible
for the PD’s wages and court fees.
The same go’s if I lose at trial.
If the PD refuses to subpoena vital documents from the DMV that will prove my innocent and refuses to write any motions why should I secure him.

This post is going off track, my question was

1. Should I release the attorney before my next court
date or during the trial?

2. Do I need to write a motion to do so.
Why don't you give your PD a call and ask him if you need to file a motion? Hey if you know what you're doing go ahead and let your PD go now. You don't have to pay for a public defender up front you know? When your case is settled you will make payments for it. Have you ever handled a situation like this before? If your not even sure if you need to file a motion to let your PD go what makes you think you will know how to defend yourself? I think you are making a big mistake but that's just my 2 cents.
 

weenor

Senior Member
davisdrafting said:
If I take a plea it is an admission of guilt thus I am responsible
for the PD’s wages and court fees.
The same go’s if I lose at trial.
If the PD refuses to subpoena vital documents from the DMV that will prove my innocent In your opinion.....

and refuses to write any motions why should I secure him.

Again your opinion...maybe he's trying not to run up a bill for things that are not necessary...

This post is going off track, my question was

1. Should I release the attorney before my next court
date or during the trial?

2. Do I need to write a motion to do so.
If you discharge your attorney do so in writing. He will then have to file a motion to withdraw and get the judge's approval. If the judge thinks your a moron, he may not allow the attorney to withdraw.
 

fairisfair

Senior Member
davisdrafting said:
If I take a plea it is an admission of guilt thus I am responsible
for the PD’s wages and court fees.
The same go’s if I lose at trial.
If the PD refuses to subpoena vital documents from the DMV that will prove my innocent and refuses to write any motions why should I secure him.

This post is going off track, my question was

1. Should I release the attorney before my next court
date or during the trial?

2. Do I need to write a motion to do so.
No offense to heather2, but her affiliation with the law appears to be from the other side of the bars. Wait for one of the attorneys on site to answer your question.
 

Heather2

Member
fairisfair said:
No offense to heather2, but her affiliation with the law appears to be from the other side of the bars. Wait for one of the attorneys on site to answer your question.
That's why I didn't answer his questions. I'm just trying to tell him how stupid it would be to represent himself. I've been there done that and I wouldn't have dreamed to do it on my own.

Looks like weenor answered his question.
 

fairisfair

Senior Member
Heather2 said:
That's why I didn't answer his questions. I'm just trying to tell him how stupid it would be to represent himself. I've been there done that and I wouldn't have dreamed to do it on my own.

Looks like weenor answered his question.
Yes she did. However, when you post to the threads without giving actual legal advice it dissuades others who may have advice from visiting a thread that already seems to have activity on it. Just something to keep in mind. We all play on the threads, just usually AFTER the poster has gotten the advice they are seeking. Except of course like in the case of racer72, where something is just so danged funny that it can't wait. LOL
 

Heather2

Member
fairisfair said:
Yes she did. However, when you post to the threads without giving actual legal advice it dissuades others who may have advice from visiting a thread that already seems to have activity on it. Just something to keep in mind. We all play on the threads, just usually AFTER the poster has gotten the advice they are seeking. Except of course like in the case of racer72, where something is just so danged funny that it can't wait. LOL
Sorry but I don't think I did anything wrong. This is freeADVICE and my advice to him was to use his public defender. I'm not the only one guilty of giving advice that was not asked for.
 

CdwJava

Senior Member
davisdrafting said:
If the PD refuses to subpoena vital documents from the DMV that will prove my innocent and refuses to write any motions why should I secure him.
What documents do you need from the DMV that are so "vital"? And what is the nature of the charges that you are accused of?

- Carl
 

garrula lingua

Senior Member
I don't believe you posted your state.
How you can 'fire' your PD depends on your state.

In CA, you can ask, during your next court hearing, for a 'Marsden' Motion - the court will decide whether you have grounds to fire that particular atty & whether you should be assigned a new PD or panel attorney.
That method may get you a new PD/panel atty or, alternatively, you can advise the PD you want to go 'pro per' & you'll represent yourself at trial.
However, that will probably spark the Judge to inquire as to why you are going IPP and it will develop into a Marsden Hearing, anyway.
(The Judge should clear the court, especially the Prosecutor, from the court while you discuss this, per Marsden Hearing procedures.)

What are you charged with ?
The burden is on the Prosecutor to prove any & every element of a offense involving a DMV violation.
If you're charged with a suspended license, then the Prosecutor should have ordered a 'packet' from DMV which shows suspensions and all notices to you, written or verbal. Your atty should have examined that and can take a copy of it to show you.
 

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