APalmer498
Junior Member
Mississippi
My brother was arrested in MS for his 3rd DUI. He was brought before the judge shortly after his arrest (1 or 2 days) for a hearing, at which bond ws set. At the hearing he indicated that he couldn't afford an attorney and that he would need to be represented by a public defender. His bond was set at 1500 (which, of course, he can't afford either) and he was jailed. He has been in jail for over 2 months now and has not been contacted by a public defender and has no way to contact them.
His girlfriend has been calling the public defenders office over the course of 2 months. When you call you are told to Press # (1,2,3,etc) for last names beginning with A-D, E-I, etc...After doing this she has been transferred to a voice mail box where she is leaving messages for his attorney (lets call him Jim Brown) to contact my brother in jail.
After growing frustrated she finally contacted me (my brother didn't want to tell me he had gotten another dui) and asked that I try contacting the public defender too, gave me the number, told me she has left 70+ voicemails and isn't getting anywhere.
So last week I attempted to contact the public defenders office, I also ended up at the same voicemail box of lawyer Jim Brown and left a message.
Since I found this entire scenario completely ridiculous, and a serious rights violoation, I decided to contact the District Attorney and find out the details of his indictment (what he was being charged with exactly, etc.) Upon reaching the DA's office I was told there was no reason I should be contacting them. So I just asked about how the legal system in the county works.
I asked if we would know if he had been indicted, would we have recieved a letter or a phone call, etc...The lady told me that he WOULD NOT be indicted until his attorney contacted the DA. So I told her about the issues with the public defenders office and the complete lack of communication we were able to have with them. She asked me who his public defender was, I stated that it was a Mr. Jim Brown, and she proceeded to inform me that he had retired. a while back, about 5 months or so ago.
So, I called the public defender's office back and dialed 0 for the operator. At that time I was informed that my brother's attorney was Mrs. Carol Jones, Jim Brown had retired. My brother's case was assigned to Carol Jones on the date of his hearing (now over 2 months ago) but the Mrs. Jones hadn't so much as even requested a copy of the police report...
So to sum it all up, My brother has been jailed for over 2 months without access to legal council, he can't even be indicted until he has access to legal council, and the county just simply forgot about him to rot in jail until god knows when. Nothing would have happened if I hadn't called and got the name of my brother's acutal legal council. As of today, she will be contacting him for the first time, as of yesterday she hadn't even requested a copy of his police report for the case.
Is this legal? I am thinking that after my brother is released and tried, or pleas out, whatever, he may have a case against the county for being held illegally. Please let me know if we have a case here...am I barking up the wrong tree?
I know that my brother shouldn't be drinking and driving, and i am not trying to excuse his behavior, on all other counts he is a productive member of society, he is single, well employed (has 500 in the bank, but still not enough for bond) and has no children for which he is responsible. He simply has a drinking problem that I believe stems from heredity. He doesn't deserve to be charged and not have a way of defending himself. The law is "innocent until proven guilty" correct? Please help me, i want to know what his rights are....
My brother was arrested in MS for his 3rd DUI. He was brought before the judge shortly after his arrest (1 or 2 days) for a hearing, at which bond ws set. At the hearing he indicated that he couldn't afford an attorney and that he would need to be represented by a public defender. His bond was set at 1500 (which, of course, he can't afford either) and he was jailed. He has been in jail for over 2 months now and has not been contacted by a public defender and has no way to contact them.
His girlfriend has been calling the public defenders office over the course of 2 months. When you call you are told to Press # (1,2,3,etc) for last names beginning with A-D, E-I, etc...After doing this she has been transferred to a voice mail box where she is leaving messages for his attorney (lets call him Jim Brown) to contact my brother in jail.
After growing frustrated she finally contacted me (my brother didn't want to tell me he had gotten another dui) and asked that I try contacting the public defender too, gave me the number, told me she has left 70+ voicemails and isn't getting anywhere.
So last week I attempted to contact the public defenders office, I also ended up at the same voicemail box of lawyer Jim Brown and left a message.
Since I found this entire scenario completely ridiculous, and a serious rights violoation, I decided to contact the District Attorney and find out the details of his indictment (what he was being charged with exactly, etc.) Upon reaching the DA's office I was told there was no reason I should be contacting them. So I just asked about how the legal system in the county works.
I asked if we would know if he had been indicted, would we have recieved a letter or a phone call, etc...The lady told me that he WOULD NOT be indicted until his attorney contacted the DA. So I told her about the issues with the public defenders office and the complete lack of communication we were able to have with them. She asked me who his public defender was, I stated that it was a Mr. Jim Brown, and she proceeded to inform me that he had retired. a while back, about 5 months or so ago.
So, I called the public defender's office back and dialed 0 for the operator. At that time I was informed that my brother's attorney was Mrs. Carol Jones, Jim Brown had retired. My brother's case was assigned to Carol Jones on the date of his hearing (now over 2 months ago) but the Mrs. Jones hadn't so much as even requested a copy of the police report...
So to sum it all up, My brother has been jailed for over 2 months without access to legal council, he can't even be indicted until he has access to legal council, and the county just simply forgot about him to rot in jail until god knows when. Nothing would have happened if I hadn't called and got the name of my brother's acutal legal council. As of today, she will be contacting him for the first time, as of yesterday she hadn't even requested a copy of his police report for the case.
Is this legal? I am thinking that after my brother is released and tried, or pleas out, whatever, he may have a case against the county for being held illegally. Please let me know if we have a case here...am I barking up the wrong tree?
I know that my brother shouldn't be drinking and driving, and i am not trying to excuse his behavior, on all other counts he is a productive member of society, he is single, well employed (has 500 in the bank, but still not enough for bond) and has no children for which he is responsible. He simply has a drinking problem that I believe stems from heredity. He doesn't deserve to be charged and not have a way of defending himself. The law is "innocent until proven guilty" correct? Please help me, i want to know what his rights are....