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Question mainly out of curiousity

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What is the name of your state (only U.S. law)? Maryland

Years ago I was involved in an altercation at a store when I was 18 (I'm 26 now), I was originally charged with 1st and 2nd degree assault. I pulled a knife on a man significantly larger on myself who backed me into a corner after a dispute with his wife over cutting in line. I went to the public defender.

The public defender insisted that I was indeed guilty of the crime, despite my articulation that I desired him to argue an affirmative defense on my behalf on the grounds of I believed I acted in self-defense. The attorney refused to do so again insisting I allow him to approach the ADA about a plea bargain. I dismissed this attorney who did not represent me at trial in order to be permitted to speak with the district attorney on my own behalf.

Ultimately the charges were nolle prosequi and a probation before judgment for possession of a spring-bladed knife (which are illegal in MD) as the ADA agreed with me upon reviewing a surveillance video from the store that while I acted stupidly, in self-defense none-the-less.


My question is, (again mainly out of curiosity as this issue is years behind me). What obligation does a public defender have to defend their clients in a way they insist? I've always thought that of this as a great injustice against me to not have proper legal representation at a trial which could have easily put me behind bars for many years.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Maryland

Years ago I was involved in an altercation at a store when I was 18 (I'm 26 now), I was originally charged with 1st and 2nd degree assault. I pulled a knife on a man significantly larger on myself who backed me into a corner after a dispute with his wife over cutting in line. I went to the public defender.

The public defender insisted that I was indeed guilty of the crime, despite my articulation that I desired him to argue an affirmative defense on my behalf on the grounds of I believed I acted in self-defense. The attorney refused to do so again insisting I allow him to approach the ADA about a plea bargain. I dismissed this attorney who did not represent me at trial in order to be permitted to speak with the district attorney on my own behalf.

Ultimately the charges were nolle prosequi and a probation before judgment for possession of a spring-bladed knife (which are illegal in MD) as the ADA agreed with me upon reviewing a surveillance video from the store that while I acted stupidly, in self-defense none-the-less.


My question is, (again mainly out of curiosity as this issue is years behind me). What obligation does a public defender have to defend their clients in a way they insist? I've always thought that of this as a great injustice against me to not have proper legal representation at a trial which could have easily put me behind bars for many years.
**A: what do you mean they insist? An attorney needs to follow the law and legal procesures. Generally, clients have no such knowledge so therefore should not be the ones calling the shots and telling the legal counselors what to do.
 
What do I mean by insist? I mean that the public defender absolutely refused to argue a plea of not guilty on my behalf of any kind. It was A. approach the ADA about a plea bargain, there was no option B. I may not be anything close to being a lawyer, but I absolutely know for sure I don't need to know the ins and outs of procedures to know I don't have to plead guilty to a crime. That is my "shot" to call. If I am legally entitled to representation, but cannot afford an attorney (at the time I could not). What kind of representation is an indigent person entitled to? I had better results speaking honestly and openly to the ADA without my "attorney".
 
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ivanl3

Member
You are absolutely correct, you do not have to enter a plea against your will. You can plead however you wish.

The primary and most fundamental obligation of a public defender is to provide zealous and effective representation for his or her client at all stages of the court proceedings. If you do not believe you are receiving such representation you can request that the judge order a new PD be assigned to your case. The chances are good that your request will be honored as denial of such a request could result in a successful appeal should you be convicted.
 

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