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What Do You Do When Public Defendar Wont Anything

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bonowens17

Guest
What is the name of your state? Nevada

I was given a Public Defender about 2.5 years ago, I have called, faxed, e-mailed over and over, never to get a response from him., then I rec. letter with a court date, so I thought at least I will get to finally talk to him, at the court house well I did for all about 3 min enough time to tell him I was pleading not guilty, and when I tried to ask him questions he said we will talk after we get a trial date this was in July 2001 went into court plead not guilty was given two sets of court dates in December, when I asked my attorney which set of dates he said he would get intouch to let me know and to discuss case, so again I left, feeling nothing was done but a cost of $300.00 for the trip to court, see I live over 500 miles away and they do not have public transportation to this little town. I wait to hear from him I call and write nothing ! Now it is getting closer and closer to my trial date and I still have not spoken to him about my case, a week after my court date I get a letter from him stating I have a court date in Jan. for case review, I call asking what is this and what is going on, nothing in the mean time my mother has been having heart problems, and she is going to need a valve replacement, and needs me to help her after surgery so she will not have to go to Convl. Hosp. she is only 50, I make the dission to go stay with her, at same time the DA makes an offer of pay $1,479.00 and they might charge me with lesser charge a wobler is what they call it, and in my line of work I could not work with any felony charges or gross misd. and I dont have the $1,479 cash to pay and I am innocent, so I tell them no I am not guilty, as this is going on my mother has the surgery, and comes home only to have several strokes, and to be told she will have a few months, I received a new letter with a new court date and at sametime my mother is getting worse. I e-mail a request that if the DA will accept a $400.00 payment and $100.00 there and that I would not have to be at the next court date I would accept offer, my PD secretary e-mails me back telling me to send the $400.00 that there should be no problem with this arrangement, so I FED X the $400.00 makeing sure that if I sent this money I would not be able to get there for court date, she said ok I sent money, the next thing I get is an e-mail from secretary stating that I have to be there no excuses in less than 5 day's from date, I did not want to leave my mother since she was having more strokes, and now I had no money, I pleaded with PD office to fix problem, they would again not return my phone calls, so I asked them to return fed X money so I could make court appereance, I had no other options, they never responded, then about a month later I get a letter mailed 3 weeks after the date is was written only to tell me that I had a bench warrant and that I had 2 weeks to clear or more charges were going to be filed, well the time had allready expired before I even got letter, in the meantime My mother ened up having another stroke with me and my daughter being the only ones home she died a few hours later, I promised her that I would get this taken care of, and I again called wrote letters, nothing back now I have a warrant nobody can give out legal advise they have $400.00 who knows where. I finally call on a late friday , to catch my PD answering the phones, I ask him what is going on why do I have a warrant and what do I need to do to take care of it, he says he does not have file with him but he will go over file and talk to judge about getting warrant taken care of and getting a new court date, to call him on tuesday , I did what I told and called only to be told he is out of office and they no nothing, this was in Sept. last year I still write call never to get a response. I am living everyday in fear that I might get pulled over or just anything could happen and I will be arrested, I have a 9 year old daughter and I am a single mother, I have no life anylonger because I am so afraid of being arrested, I live in fear daily of losing my daughter who is my world I have no close family so if something did happen she would have to go to foster care until her dad or someone could come get her, I would sit in jail until when ever they decided to transport me to there county 500 miles away could take a week could take 3 months, who knows how long it would take my PD to ever come to help, and I do not have the $5,000 - $10,000 to hire a attorney then at the same time my daughters father would file for sole custody, he uses this against me everytime I try to get any child support from him. I have tried evey possible contact only to get no help. I just would like to at this point live like a normal person, and have this night mare over with .

I would be so thankful and appreciate any advise, given can't hurt to ask, I have thought about making a motion to represent myself Pro Per Person, at least I would be able to tell the judge my side could not hurt at this point !


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:eek: :eek:
 


stephenk

Senior Member
dont you have a single credit card or friends or family you could have borrowed from to pay the fine the DA offered? Now if you are saying you are innocent, you will need to take care of the matter and go to trial. Avoiding going to court makes it much more difficult to work out a deal.

what charges are you facing? Are you facing charges in Las Vegas or Reno/Carson City?
 
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bonowens17

Guest
Re: Again I say

Son of Slam said:
A Public Defender has a fool for a client.
I guess you are right !

Because I was a fool to beleave that the justice system works the same for all people, rich and poor the same. Right !

Because I could not afford a real attorney, I should just have pled Guilty to something I did not do, pay money that I do not have, just because why ?

Explain in what way I was a fool ?

My understanding of an attorneys responsibilities, is the following :
1. As an advisor , a lawyer should provide a client with an informed understanding of the clients legal rights and obligations and explain their practical implications.

2. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system.

3. A lawyer shall act reasonable diligence and promptness in representing a client.

4. Keep client reasonably informed about status of the matter.

5. Reasonable communication between the lawyer and the client is necessary for the client effectively to participate in the representation.

Only a FOOL would make a decision, to pled guilty and not know what the actual charge would end up being and what your punishment would be.

If you read my question, I asked for help when a Public defender is doing nothing, meaning just that nothing !

You alway's have a smart a$$ remark, to people who are only looking for help, do you really know anything about law ?

Because for someone who implies they know the law, I have yet to see you give any one your gift of knowledge, to be of any use.

Have a Clue the Forum header is Advice, any one can be a critic of another, it's takes a much bigger person to help another .
 

n_and

Member
Q: What do you do when your PUBLIC DEFENDER isn't helping you?

A: Hire an attorney. They do offer payment plans.

A Public Defender has a fool for a client
Even I know that, and I get something wrong at least 3 times a week!
 
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bonowens17

Guest
stephenk said:
dont you have a single credit card or friends or family you could have borrowed from to pay the fine the DA offered? Now if you are saying you are innocent, you will need to take care of the matter and go to trial. Avoiding going to court makes it much more difficult to work out a deal.

what charges are you facing? Are you facing charges in Las Vegas or Reno/Carson City?
I hate to say this but some people, do not always have someone to go to for financial help, I guess you can included me into that catagory. I have said I was innocent from the very start, I considered taking the deal, but after alot of thought , and the evidence, and the facts are I am not guilty, why give up money and my legal right to vote, have a felony on my record to follow me the rest of my life, not be able to work in my trade which is accounting, just did not seem right ! I felt that if the truth was allowed to be presented, there was noway I would be guilty, and if for some reason was found guilty, at least I fought for myself.

As to the charges Theft of a credit card, which I was suppose to have possesion of never had even had proof from credit card company, many other facts to support my claim, I did all the leg work for the attorney, made all calls, and sent him everything he has not even looked at this, stuff I have written letter after leter no responce.

The person make the claim was my Ex's employee, since this they have lost there home due to illegal activity, left there two kids with her mother, have not been heard from since, there older son is in prison, and the credit card company have gone bankrupt and under investigation for fraud .

Charges are out of Nye County 60 miles from Las Vegas.

As to trying to avoid court I have been to every court apperance weather I need to be or not, up until the last court date because my mother was literally dying, that is why I sent the $400.00 in good faith, and be allowed to settle offer, in lue of court.

My mother has since passed 1 week after court date, when a parent is dyeing and there only concern is that you are with them at all times, I loved and respected her wishes, trying to honor both the court and my mother.
 

Son of Slam

Senior Member
Re: Re: Again I say

bonowens17 said:
I guess you are right !

Because I was a fool

You alway's have a smart a$$ remark, to people who are only looking for help, do you really know anything about law ?


Anyone can look up the answer to a law question, even you, but it takes real faculty to always have a smart a$$ remark.
 

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