Public Defender Issue

[Jori Lampe]

What is the name of your state (only U.S. law)? California
I have a conflict of interest attorney that has be assigned to me from the public defenders office. I have met with attorney once and he didn't want to hear anything i had to say. He basically told me I was going to have to do jail time. I felt that he has no interest in fighting for me or even trying. This is my first offense and he never brought up programs or defense strategies. He wouldn't listen to my explantions of the evidence to clear charges that I had. What do I do? I feel he will not defend me in court and I am worried of the outcome.

 

[InsaneJane]

Ask for another lawyer???

What are you charged with and what happened to bring these charges?

 

[BL]

Request a reassignment to another attorney , but depending on the case , your present PD may be correct .

PDs are in the court room most every business day .

PDs know the judges and how they rule on cases , etc .

You don't say what type of charge(s) , weather you'll have a bench trial , jury trial , what ?

Have you been offered a plea deal ?

 

[CdwJava]

Many times what you think is a defense strategy or evidence of innocence is neither. Now, if the issue is identification, and you have witnesses that put you at a church service 100 miles from the scene of the crime, that may be relevant. But, if you were popped for possession and you have a friend that will testify that they saw someone else with the same bindle of meth in their pocket an hour before they took a ride in your car where the cops found the dope, that's not likely going to fly.

It really depends on all the details.

If you do not like the attorney, ask for another.

- Carl

 

[SIN EATER]

They generally won't change the PD assigned, as they don't have the staff to rearrange PDs at client's whims.

If there is a true conflict, you have the right to a 'Marsden' hearing at court. The Judge should clear the court, leaving only you, the PD, the court reprorter, clerk & bailiff. You can tell the Judge why you don't want that PD and the Judge will decide if you have a valid basis.

99.9% of Marsden hearings fail, because most conflict is because you don't understand the legal process and evidentiary requirements (yet you probably think you know more than the lawyer).

After having a Marsden hearing, I'm sure your (or any) PD will really kill her/himself (i.e.- put in a lot of unpaid overtime) to do an excellent job for you ... not!

Of course, you have the right to hire your own attorney and get off our public tax-payer's tab.

P.S. the Marsden hearing is horrible for the PD, because s/he has an inherrent hatred of violating atty/client privilege and privacy, and it is necessary that s/he do just that.

 

[outonbail]

I took the OP's post to mean that he has had an attorney assigned to him that isn't a public defender, but a court appointed attorney.
Maybe I'm wrong, but I'm thinking that the OP was busted with someone else who is being represented by a public defender, so they don't want each defendant being represented by the PD's office should these guys start pointing the finger at each other.

He may just be confused in his statement that the attorney was assigned to him from the PD's office.

I could be wrong, certainly wouldn't be the first time. But when he states that he has a "conflict of interest attorney" assigned to him, I would take that to mean that a co-defendant is represented by the PD and that is where the conflict lies.

This is really quite common here in Ca.

So Jori, do you have a co-defendant in this case who is being represented by a public defender?

 

[BL]

I took the OP's post to mean that he has had an attorney assigned to him that isn't a public defender, but a court appointed attorney.
Maybe I'm wrong, but I'm thinking that the OP was busted with someone else who is being represented by a public defender, so they don't want each defendant being represented by the PD's office should these guys start pointing the finger at each other.

He may just be confused in his statement that the attorney was assigned to him from the PD's office.

I could be wrong, certainly wouldn't be the first time. But when he states that he has a "conflict of interest attorney" assigned to him, I would take that to mean that a co-defendant is represented by the PD and that is where the conflict lies.

This is really quite common here in Ca.

So Jori, do you have a co-defendant in this case who is being represented by a public defender?

If there were a conflict of interest because of Lawyer misrepresentation , the Lawyer should know that .

I don't read it like that.

I read into it , the OP thinks the Lawyer isn't doing his job ( isn't listening to him , isn't putting forth a defense strategies , isn't doing anything but telling him he'll do jail time ) .

This is not a conflict of interest in law , but a conflict of attorney/client compatibility .

A lawyer either assigned outside or from the PDs Dept. isn't going to jeopardize his license because of one single client , that doesn't like what he's told .