legal ethics

[yeawellso]

What is the name of your state (only U.S. law)? Louisiana
My son was indicted on a very serious charge. He was first arrested in Feb of 2009, released on bond. He was not indicted until Dec, 2009 on a different charge and was rearrested. His original bond was forfitted even though he missed no court date and was at work where he was suppose to be at the time of rearrest. When going for a bond hearing is when he learned that he had a public defender ever since the first arrest. He had not seen nor spoke to this public defender in all this time. When he attempted to speak with this public defender on the day of court to be indicted, he was told by this public defender to shut up. He has yet to have a conversation with this public defender concerning his case. He has now been in jail for almost 3 months. I personally was at his bond hearing and indictement hearing and on both occasions I witnessed the public defender very "friendly" with the district attorney and treated each of the defendents that this person was assigned to defend with obvious distaste complete with eye-rolling and "get-a-load-of-this guy" hand gestures to the D. A. I was very taken aback with the actions of someone that is suppose to be defending my son. It looks as though the manner is guilty until you and only you prove yourself innocent. Where do we go from here? How do we fight small town justice and boss hog mentality?

 

[Just Blue]

What is the name of your state (only U.S. law)? Louisiana
My son was indicted on a very serious charge. He was first arrested in Feb of 2009, released on bond. He was not indicted until Dec, 2009 on a different charge and was rearrested. His original bond was forfitted even though he missed no court date and was at work where he was suppose to be at the time of rearrest. When going for a bond hearing is when he learned that he had a public defender ever since the first arrest. He had not seen nor spoke to this public defender in all this time. When he attempted to speak with this public defender on the day of court to be indicted, he was told by this public defender to shut up. He has yet to have a conversation with this public defender concerning his case. He has now been in jail for almost 3 months. I personally was at his bond hearing and indictement hearing and on both occasions I witnessed the public defender very "friendly" with the district attorney and treated each of the defendents that this person was assigned to defend with obvious distaste complete with eye-rolling and "get-a-load-of-this guy" hand gestures to the D. A. I was very taken aback with the actions of someone that is suppose to be defending my son. It looks as though the manner is guilty until you and only you prove yourself innocent. Where do we go from here? How do we fight small town justice and boss hog mentality?

How old is your son?

 

[Hot Topic]

Your son was arrested not once but twice in 2009. When is he going to accept responsibility for his actions?

The public defender is paid for by the taxpayers. If you want a Perry Mason, pay for him yourself.

 

[yeawellso]

Your son was arrested not once but twice in 2009. When is he going to accept responsibility for his actions?

The public defender is paid for by the taxpayers. If you want a Perry Mason, pay for him yourself.

Well, apparently you were not paying attention to what I was saying or I just did not make my self clear.
He was arrested, bonded out.. Police then rearrested him on the same case because the "police jury" changed the charge. He didn't go out and do the same thing again.. Its the SAME case.
Yes, public defender is paid by the Taxpayers. Up till the day he was arrested, he was a TAXPAYER and last I checked, according to the 6th amendment, he is entitled to a defense. Ya know that key word "DEFENSE".. The job of the public defender is to Defend him, not make sure he is grilled. The defense is supposed to from what I understand, investigate the case, asked question, talk to potential witnesses, look at all the evidence.
This is NOT happening in his case. To this day he still has yet to talk with his "defense" about his case. The defense still has not done anything for his case other than standing there in the court room because she was appointed.
The most recent indecent is the guards or someone at the jail house has been opening his "Legal Mail" before he gets it. From what I understand, this too is a violation of his civil rights, is it not? The letters to him were clearly marked as Legal Mail.
Blue Meanie, my son is now 36

 

[Indiana Filer]

The most recent indecent is the guards or someone at the jail house has been opening his "Legal Mail" before he gets it. From what I understand, this too is a violation of his civil rights, is it not? The letters to him were clearly marked as Legal Mail.
Blue Meanie, my son is now 36

So the Public Defender who isn't doing anything is doing something by sending him mail? Or is someone who is not his licensed legal advisor sending mail marked "legal mail"?

 

[latigo]

Do you know whether or not at any time since the indictment he appeared in open court and waived his right to a "speedy trial"?

Because if he hasn't waived that constitutional right, the charges would seem ripe for dismissal.

If my child were languishing in jail for all this time, I would be at the Public
Defender's offices raising the roof until I got the attention of the head honcho!

 

[yeawellso]

Latigo, according to what I understand, he is what is called a detainee in the parish jail. He hasn't even been in front of the judge to plead.

Indiana Filer, the legal mail he has gotten has not come from his defense attorney. It was from a paralegal friend sending him important information about his case that he should know and what his rights are. Like a defense that he is not getting apparently.

 

[Proserpina]

Latigo, according to what I understand, he is what is called a detainee in the parish jail. He hasn't even been in front of the judge to plead.

Indiana Filer, the legal mail he has gotten has not come from his defense attorney. It was from a paralegal friend sending him important information about his case that he should know and what his rights are. Like a defense that he is not getting apparently.

A paralegal friend is sending him legal advice about his case?

Really?

 

[latigo]

Latigo, according to what I understand, he is what is called a detainee in the parish jail. He hasn't even been in front of the judge to plead.

What the hell is going on down there in those bayous?!

Has Louisiana suspended the Writ of Habeas Corpus? The last time I’ve read that that occurred was during the War Between the States.

You are not going to get any satisfaction in here. Start screaming your head off to the public defender and the state attorney general and the media!

AND CALL THE AMERICAN CIVIL LIBERTIES UNION - ACLU - 212-549-2500

 

[Hot Topic]

You fight small town justice and Boss Hogg mentality by not having a 36 year old son who has been arrested on a "very serious charge." He was first arrested in February, 2009, then released on bond. He was indicted in December, 2009 "on a different charge" and rearrested. Yeah. I got it right.

Again, if you don't like the public defender, hire an attorney. And be sure your son pays back every penny. He's too old to be putting you in these situations.

 

[yeawellso]

Ok, so if we don't like the public defender, hire an attorney.
What is a public defender for? For the poor people that do not have the financial means to afford their own attorney.
We are POOR people. Do not have the thousands of dollars to pay an attorney.
Since this is the case, you are saying poor people do not deserve a proper defense, right? You must be one of those so called "Public Defenders"?
Anyway.. moving on now..
He has been to court and plead not guilty.
Next court date was last week. His so called public defender came to talk with him about his case. Finally! But it was in from of 5 other inmates. Talking to him about his case. Now everyone that is in the cell block with him now know what he is in for. Isn't this a violation of his privacy rights?
Next part.. He was later taken to an office at the jail to watch a video of someone's statement. His public defender invited the person who's office they were using to come watch the video. Again, a violation of his privacy rights?

 

[Hot Topic]

Your son didn't worry about your financial situation when he got himself in trouble.

I guess you didn't want to take latigo's advice from May 24th.

 

[st-kitts]

The charges are a public record, so I don't know if I would worry about the cell mates at this moment in time...

 

[yeawellso]

Yes, I took the advise and called. Its not something they just jump right on. Its a work in progress.
According to all the evidence at hand, none of it points to my son. According to the information, the victim was living in Germany at the time of the incident. My son has never left the states. Its impossible for him to be guilty when he isn't in the same country. The DA has reviewed all the evidence, and is puzzled on how to proceed. Wondering if he should try it anyway and get embarrassed or drop the charges for lack of evidence.
This is what has happen so far..
The so "victim" made a video statement to a detective. The statement was then typed up. The typed up statement does not match the video statement at all. Its like it was from 2 different people. The detective then wrote his own statement as a description to the video statement. It doesn't match the video statement or the typed up statement of the video. Nothing matches.

 

[yeawellso]

Ok.. Another update. The ACLU won't take the case because they said it isn't a serious enough case.
Does anyone here know the actual statute that should be used when writing a letter to the judge asking to dismiss the public defender and appoint another one?
Please people, no sarcasm. Just need legal facts. Thanks