Public Defender

[Timmit]

What is the name of your state? California

Was taken in for a DUI charge
I have reviewed the laws and have two pages full of things that were wrong with my arrest. Including the officers who arrested me saying at the police station that I was not drunk, and the arresting officer admiting that he never saw me in the first place and he only guessed that I almost hit the median( 5 inches )
Since I do not have money. I asked for a public defender who has done nothing but belittle me, and to plea guilty
I have turned in my reports and findings that I have found wrong with my case to him. he keeps on asking for a face to face but when I go to his office to meet with him He goes on lunch early. He refuses to make a solid appointment with me. he has already told me that he doesn't want me to drag him into the case, but I have a very strong case. Witnesses who saw me before and after the arrest who will testify that I wasn't under the influence.
I have already met with him during my pretrial in which I pointed out a major discrepency in the police officers reports. Discrepency that is in writing. He agreed with me. When approaching the judge he asked me on the record what do you want to do with this guilty charge. being stunned and thrown off on what was happening I ended up being yelled at by the judge. Looking at him all I could see was a smile on his face. He set me up.
How do I get rid of a public defender
can I get another one appointed to me
I fear that he is purposly attempting to ruin my case.
Isn't the public defender supposed to attempt to do anything instead of call me an idiot and make me set up the case by myself. what are his duties
As of now I fear I would do far better trying the case myself, but I hear that that is always a big mistake to do.
Which I find out later that the standard fee for the PD is 1,000 dollars is there a way to get that cut down especially since the PD isn't doing anything but making this case harder and dragging it out?What is the name of your state?

[BL]

Originally Posted by Timmit

What is the name of your state? California

Was taken in for a DUI charge
I have reviewed the laws and have two pages full of things that were wrong with my arrest. Including the officers who arrested me saying at the police station that I was not drunk, and the arresting officer admiting that he never saw me in the first place and he only guessed that I almost hit the median( 5 inches )
Since I do not have money. I asked for a public defender who has done nothing but belittle me, and to plea guilty
I have turned in my reports and findings that I have found wrong with my case to him. he keeps on asking for a face to face but when I go to his office to meet with him He goes on lunch early. He refuses to make a solid appointment with me. he has already told me that he doesn't want me to drag him into the case, but I have a very strong case. Witnesses who saw me before and after the arrest who will testify that I wasn't under the influence.
I have already met with him during my pretrial in which I pointed out a major discrepency in the police officers reports. Discrepency that is in writing. He agreed with me. When approaching the judge he asked me on the record what do you want to do with this guilty charge. being stunned and thrown off on what was happening I ended up being yelled at by the judge. Looking at him all I could see was a smile on his face. He set me up.
How do I get rid of a public defender
can I get another one appointed to me
I fear that he is purposly attempting to ruin my case.
Isn't the public defender supposed to attempt to do anything instead of call me an idiot and make me set up the case by myself. what are his duties
As of now I fear I would do far better trying the case myself, but I hear that that is always a big mistake to do.
Which I find out later that the standard fee for the PD is 1,000 dollars is there a way to get that cut down especially since the PD isn't doing anything but making this case harder and dragging it out?What is the name of your state?

Judges don't ask defendants what they want to do with a guilty charge .

The ask if you want to plea guilty or not guilty .

Perhaps you are not communicating or understanding your PD well , or the law .

You can overhear police say anything , it's what's in their reports that have to be discredited , if that's what you're looking for .

[CdwJava]

Originally Posted by Timmit

Was taken in for a DUI charge
I have reviewed the laws and have two pages full of things that were wrong with my arrest.

Does your attorney concur with your review?

Since I do not have money. I asked for a public defender who has done nothing but belittle me, and to plea guilty

If you do not wish to plead guilty, you can tell him you want to fight it.

Witnesses who saw me before and after the arrest who will testify that I wasn't under the influence.

Unless they have training and experience in this area, their opinion of your sobriety is very limited.

How do I get rid of a public defender can I get another one appointed to me

You can ask his supervisor for one. If he does not work for P.D. office, then you might have to find out if the court can assign you new counsel.

Note that what YOU feel are wrong with the arrest may not be. You may have found discrepancies that MIGHT benefit you at trial, but unless you know how to properly present this information, it does you little good.

- Carl

[LakersFan]

What was your BAC?

[garrula lingua]

In California, you fire your PD atty via a 'Marsden' hearing.
In court, you tell the Judge you want to fire the PD.
The Judge should clear the court, including the Prosecutor, and hear you out in the presence of the PD.

Usually, the request for a replacement PD is denied.

You can go forward with a hired atty of your chosing, or you can remain with the PD (unlikely after a Marsden hearing, but I've seen it done).

Rethink your position. Your PD went to law school for three years and sits in court for eight hours a day; s/he knows the law and knows what will work in court.

Police reports are rarely entered into evidence (they can be if both parties stipulate; that is very uncommon).

[Timmit]

This was my second time in front of the judge already pleaded not guilty and I guess I needed to do it again for some reason.

The judge didn't ask me what I want to do about this guilty charge. She asked the PD about the case and the PD asked on record in court to me "what do you want to do with this guilty charge."

Dont know if the PD even looked at my report about the case. He seems even today a week from trial that he is clueless on it. He called my report rambling, and I believe he threw it away. I have not seen it since. My witnesses are the bartender and a truck driver

My BAC was just a little over the limit.

Question for BL if there was a tape recording of the officers conversation saying that I was fine is that admissable? Which is sort of a useless question since their were cameras everywhere, in the cruiser, the station, and the tank. There's a week left till trial, and have not been given, or told if there are any tapes exist after requesting them.

Still worried about my PD he seems to believe me now after sitting down going step by step over the case. But, he seems to be focusing on technicalities about the case instead of officer discrepencies, being denied a blood test 4 times, and being threatened by the officer all which the only definate proof is on the tapes.

[Zigner]

Originally Posted by Timmit

My BAC was just a little over the limit.

You're sunk man - work with the PD - don't fight him.

[BL]

I agree , work with the PD .

Since you have sit down and gone over ever thing , he will do the best with way he has .

PD's are in front of the same Judges all the time and know how to present the laws tactfully , and not irritate the Judge at the same time .

The PD is focusing on technicalities , that's good news . At least he's not sitting there like a bump on a log .

[Timmit]

Been working with the PD trying his way of things just don't feel its the best defense that I have. The BAC was taken with a breathalyzer although I asked for a blood test, and was further denied a blood test after the test.
In California its the law that I can have a blood test even after a breath test.
Its just hard putting my life in his hands when he seems like he is sitting like a bump on a log. BAC calculators have my bac at .04
I understand what he's doin, but just feel there is more that can be done.
Thank You

[CdwJava]

Originally Posted by Timmit

Been working with the PD trying his way of things just don't feel its the best defense that I have. The BAC was taken with a breathalyzer although I asked for a blood test, and was further denied a blood test after the test.

Does the police report mention any of these things? Did they address your request for blood or why they did not take a blood test after the breath if you requested it?

Its just hard putting my life in his hands when he seems like he is sitting like a bump on a log.

All because you do not see your attorney berating the DA every morning does not mean he id not doing something. What is it you expect him to do that he isn't doing?

Do you see your tax accountant working on your taxes all the time? You pay an accountant, but you don't see him always tapping away at the calculator looking for loopholes.

There is not a whole lot to "do" in most criminal cases.

BAC calculators have my bac at .04

What BAC calculators? And any that you find are estimates based on a number of presumptions - everyone metabolizes alcohol differently, and there are a whole lot of variables that come into play that are not addressed by these calculators.

What was your BAC?

I understand what he's doin, but just feel there is more that can be done.
Thank You

There may be more that you THINK can be done, but that doesn't mean that it is either practical or necessary. If you want busy work, hire an attorney - they love to be busy as they can rack up billable hours.

- Carl

[Timmit]

The police report does not have anything in it that I requested a blood test. PD is telling me that he has put a request for the tapes at the police station. The officers laughed at me and told me that it was to late to get a blood test. This is right after I was told my BAC.
I have just not seen the PD put any effort into the case. Yeah he has a case load in which he works harder trying to convince everyone that their guilty. I have had to point out the law to him in some cases even opening the law book and pointing the law out to him. The case has been on his desk for 5 weeks and we have to go to trial in a week and we still don't have tapes that he suposedly requested during week one. Maybe I'm just fustrated having to pay $2K to someone who is doin as much as he does.
The calculators used were off of the national highway something or other website. Same place with all of the officers documentation for california. Yeah its an estimate with variables, and isn't accurate. But, thats what drives me crazy bout this case, so are the Breathalyzer tests, there are a whole lot of variables that come into play that are not addressed in the tests. Maybe I've done to much research but I do know that some states are starting to get rid of them because of their innaccurasies. A painter painted a room and blew a .4 once. Sorry starting to just vent. Just feel that I wouldn't be in this perdictament if the officers just gave me the blood test that I requested in the first place.
My BAC is right on the border
Unfortunatley couldn't afford the $8K the lawyer wanted

[Timmit]

California
This is an update on my case and to conclude that the Public Defender dropped the bomb. I felt from the very start that the public defender wasn't doinng anything on this case, and from what it sounds I was right. Today I went in to see him for the very last time before trial. trial is in 2days I have the weekend and monday is the trial. He told me today that he wants me to reschedule are trial date for 2 months down the line. The video tapes were apparently delivered yesterday. He hasnt watched them yet. Private investigator witnesses testimony was gathered on tuesday. THe BAC expert turned in the results last week. .05 Facing trial I have delivered him two witnesses that report I was perfectly fine. BAC results that report that the breathalyzer is way off and that I am under the legal limit. And time stamps concluding where I was at the time of the incident. He says he wants to wait 2 more months to gather register reciepts from the bar, and some other stuff, and he wants to do all of this in a 2 month window. Can I bring charges on him for not doing his job. Its official that he wasn't doing his job. Cant he geta trial extension of a weeks time. I told him that I can gather the reciepts evidence myself if he doesn't want to do it but apparently that will be tampering with evidence or some crap like that. I have no idea what to do anymore should I push him to go to trial on monday. Which he basically told me if I do that then fight the case myself without him. I really would love to know what he is not telling me because I feel I have a very strong case. With the tapes it should show that I am completley sober and everything. He told me that he hasn't watched the tapes yet though. Is there anything I can do at the last second in short besides to light a firecracker up his butt. To get him off his chair and start working instead of soaking up my money for nothing

[BL]

[quote=Timmit;1919865]California

This is an update on my case and to conclude that the Public Defender dropped the bomb. I felt from the very start that the public defender wasn't doinng anything on this case, and from what it sounds I was right.

Your opinion .

Today I went in to see him for the very last time before trial. trial is in 2days I have the weekend and monday is the trial. He told me today that he wants me to reschedule are trial date for 2 months down the line.

There is nothing wrong with that , and in fact the more it gets postponed , the better chance you have at a better outcome .

The video tapes were apparently delivered yesterday. He hasnt watched them yet. Private investigator witnesses testimony was gathered on tuesday. THe BAC expert turned in the results last week. .05 Facing trial I have delivered him two witnesses that report I was perfectly fine. BAC results that report that the breathalyzer is way off and that I am under the legal limit. And time stamps concluding where I was at the time of the incident. He says he wants to wait 2 more months to gather register reciepts from the bar, and some other stuff, and he wants to do all of this in a 2 month window.

OK , you want him to do his job , now you are complaining .

Can I bring charges on him for not doing his job

.

No , he is doing his job . Just because you're ignorant of procedures , doesn't mean he is .

Its official that he wasn't doing his job

.

Did the Attorney misconduct committee rule this ?

Cant he geta trial extension of a weeks time.

Possibly , otherwise the Judge will say let's get on with it .

I told him that I can gather the reciepts evidence myself if he doesn't want to do it but apparently that will be tampering with evidence or some crap like that.

That's his job . You can not act like an Attorney unless you are representing yourself .

I have no idea what to do anymore should I push him to go to trial on monday. Which he basically told me if I do that then fight the case myself without him.

If you want to act like your own attorney , I'd tell you the same thing .

I really would love to know what he is not telling me because I feel I have a very strong case. With the tapes it should show that I am completley sober and everything. He told me that he hasn't watched the tapes yet though. Is there anything I can do at the last second in short besides to light a firecracker up his butt.

You don't want his representation , ask him to withdraw .

To get him off his chair and start working instead of soaking up my money for nothing

I got news for you , you are not paying a dime to the PD .

You seriously need to quit whining .

PD's have caseloads , yours isn't the only one .

[Timmit]

First off I have to pay the Public Defender $2,000 for this case. Was told by the judge that this is a standard fee. I wish I was only paying him a dime. 2,000 is a whole lot more of my money plus he is also getting paid through taxes.
I dont understand why the longer it is drawn out the better the outcome can be. Isnt that a problem with the system right now people drawing it out longer? Dont want the DA to poke holes in the stories just because its been forever since the incident happened.
I may be ignorant to procedures, but why do I have to tell him what to do then, or point out the law to him? Ignorant leading the Ignorant thats bad. Me telling the lawyer the law is bad.
No the attorney misconduct comittee did not rule on him yet. How can I request that they review him?
If collecting the receipts is his job then why isnt he collecting them?
If I do request that he is removed I am left a day before trial with my witnesses, and just hope that he lets me have the evidence, I am not a speaker, unprepared with objections, and trapped in a lions den with just shoes on.
Wasnt aware that people asking questions, and putting down facts so other can know where their coming from is considered whining. That would mean that this entire blog is a bunch of whiners. Is that the way you feel about people asking questions?

Whining
2 witnesses testify that I was sober both before and after
no symptoms of being drunk
no evidence supporting officers pullover just his word. Officer says" I honestly didnt even see you" on tape his pullover also doesnt make any sense.
FST- passed all tests - Officer reports unsteady balance but standing straight. Unsteady balance during walking but walking straight.
Nystagmus wasnt even completed according to officers training. One pass on right eye while poking me in the eye is not a test
Officer refused to let me recite my alphabet backwards as a test.
Officer refused to show me prelim breath
Officer threatened me to take breath or it wiould just piss him the F off
burped right before breath test in officers presence test commenced anyway with no delay
Test was conducted 15 mintues after pullover (police report) officer checks box "that it had been 30 mintues since pullover"
breath .09
Was refused blood test (acurate test) twice by officer both before and after breath(tape)
Both of these refusals are against California law
BAC expert testify that I was .05
Officers say I was not drunk. (tape)
recited alphabet backwards(tape)
Would you want a loved one to go through this crap.
I have been without a job since the end of January, and I cannot get a job until this case is over. I have not been able to sleep at all because of this case and refuse to take sleeping pills as the public Defender tells me to do. Letting this case go on for another 2-3 months is not an option.
The law states .08 they should shut down bars and prohibit the selling of alcohol in public places if any alchohol means a dui to an officer

[Ozark_Sophist]

I am a plantiff in a civil case set for trial at a pre-trial conference earlier this week. Trial date? Middle of January 2009.

Court dockets are crowded. Getting your case reset for two months from now is good. If you succeed in removing your PD, expect the case to be reset six months from now unless you are prepared to go to trial monday.