<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Suni:
Hi IAAL;
I spoke with my brother just a few min ago, he said he already sent a letter to the Public Defender firing him.....now what? Will they allow that with out him having a attorney retained for himself? He is being held right now. and the letter was sent from the jail.<HR></BLOCKQUOTE>
My response:
You'll have to understand something about the criminal justice system. Your brother's "relationship" with the PD is not like a private relationship he would have with his own attorney. The difference is that there is a third party to reckon with, and that's the judge. The PD is "assigned", not chosen. Therefore, while a criminal defendant can, in fact, fire his PD, and perhaps defend himself, the criminal defendant MUST also reconcile those matters with the judge. If the defendant does not represent himself, or has not hired his own attorney, and cannot afford one, guess what the judge is going to do? That's right. The judge will assign the same PD to your brother. Why? In the absense of "moral turpitude" on the part of the PD; e.g., he's a felon, or a "fall down" drunkard, or he, on the record, "refuses" to defend your brother because he says in open court, "you know your Honor, I think this defendant is guilty", then in the absense of those examples, or others, that same PD is going to be back in your brother's life, whether your brother likes it or not.
However, ALL of that can be changed, IF the defendant can demonstrate to the court that the defendant has hired a private attorney.
I'm telling you, and I can't stress this enough, do whatever (legally) it takes to get your brother his own, private, attorney. Take out a loan, empty your bank accounts, max out your credit cards, mortgage the home, take up a church collection, get a newspaper route, whatever it takes, but get him his own attorney NOW or say "Good-bye" to your brother.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited May 10, 2000).]
