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Dazed and confused

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tdhaney1966

Junior Member
What is the name of your state? INDIANA

My God son is awaiting trial on murder/burglary charges..His public defender is a very rude, uncaring individual and I am trying to find out how I go about requesting another one from the state? There are many underlying aspects to his case. He has admitted killing his uncle's fiancee but is adamant that she was trying to get assisted suicide due to depression and the fact she is paraplegic and was an ex-felon and drug addicted. It has come to light that she had enlisted another family member to do this and he declined only to die of a drug overdose...she gave him morphine patches and pain pills to loosen him up and when he declined to assist, went on his way and later died as a result of her actions...now both are dead and no proof exists that this story is real...my god son's public defender is a real *******, although I have full power of attorney to speak w/him on my sons behalf, he has stated...don't call him, he'll call us when he is ready...we can't even get a copy of the discovery motion filed..He told my son don't expect to hear from him for at least 8 months as he is busy with other clients. I want this jerk off the case before he gets my son the freaking death penalty....I cant afford an attorney, what about pro bono?
 


CdwJava

Senior Member
It is highly unlikely you will get a pro bono (i.e. a volunteer) attorney for a case that could be as complex as a murder case. Your godson (not you - as YOU have no legal standing here) can request a new attorney through the local public defender's office or whatever agency oversees these folks in his jurisdiction. However, he may not have much luck changing attorneys as they may all be as busy as the one he has now.

Keep in mind that the attorney doesn't need to see your godson every day to be doing what he needs to do. Before trial there is not a lot that CAN be done aside from necessary prep work. This preparation rarely requires a lot of contact with the client. Additionally, there may not be a lot that CAN be done. Just from the little you have posted it sounds like he is at least guilty of manslaughter. Sometimes the best that can be hoped for is a lesser conviction.

So, unless you can pay for an attorney for him, this is his battle to fight. The public attorney does not have to talk to you, and you have no legal standing to take any action on the defendant's behalf.

- Carl
 

CdwJava

Senior Member
I'm curious about the comment that you have full "power of attorney" to speak with the defense attorney on your godson's behalf? Does that mean that your godson has simply given permission? Or do you have some legal document which permits you to act on his behalf?

- Carl
 

tdhaney1966

Junior Member
I have full general durable power of attorney...a legal document signed by him to act on his behalf, noterized by the jail...I also have medical power of attorney in the event his is hospitalized while incarcerated. The general durable covers all legal areas, hiring and firing of attorneys..and negotiations ect...which have already played out due to his soon to be ex-wife sending divorce papers to the jail, thinking it would have to be uncontested..however not the case, papers were then forwarded to me and I am negotiating custody issues...visitations once he is released...and so forth..I have not come upon any resistence w/her or her attorney....Thats why I am trying to assist in seeking out new counsel for his defense.
 

tdhaney1966

Junior Member
No, but he is young and scared and has never been in this situation before...he doesn't know if the guy is no good or just naturally rude...as some are...from what he telling me, I don't feel comfortable with this guy..when it comes down to it, I just want to make sure all the facts come out and his rights are protected.
 

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