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public defender not doing his job

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brightbrokedoll

New member
California

if my accuser does not show up at the trial, can the DA move forward with the prosecution without her?
if i am being prosecuted by my accuser's statement, can her entire statement be (easily) thrown out if i show that part of her statement is inaccurate? specifically, she said she left me in her car for 15 minutes when the video should show it was closer to 2hours and 15 minutes)

can you file an injunction to compel my current lawyer to act?
 
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quincy

Senior Member
California

if my accuser does not show up at the trial, can the DA move forward with the prosecution without her?
if i am being prosecuted by my accuser's statement, can her entire statement be (easily) thrown out if i show that part of her statement is inaccurate? specifically, she said she left me in her car for 15 minutes when the video should show it was closer to 2hours and 15 minutes)

can you file an injunction to compel my current lawyer to act? i am looking for creative solutions to this problem and i cannot afford your fees. i also do not, i think, need a whole lot of lawyer-ring. perhaps i can get a consultation and you can tell me what i need. since my public defender is not even answering my questions having to do with simple aspects of the law.
If you are looking for a lawyer to replace your current attorney, please check out www.attorneypages.com or your local Bar Association. We do not provide attorney referrals on this forum.

If you do not believe your public defender is representing your best interests, you can request change of counsel. Your request can be denied.

The State is the one who is accusing you of a crime. If the State's evidence against you relies solely on the testimony of a single person, and that person does not appear to testify, the State will have a hard time supporting their case.
 
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brightbrokedoll

New member
If you are looking for a lawyer, please check out www.attorneypages.com or your local Bar Association. We do not provide attorney referrals on this forum.

I can tell you that you have the right to face your accuser.
oh sory i was supposed to edit out the lawyer part, this is acutaually from my SO in jail and was first directed at a lawyer specifically. sorry!
 

quincy

Senior Member
oh sory i was supposed to edit out the lawyer part, this is acutaually from my SO in jail and was first directed at a lawyer specifically. sorry!
Not a problem. :)

So ... you have no attorney. You can hire one to represent you or, if you cannot afford an attorney, one will be appointed.

Good luck.
 

Zigner

Senior Member, Non-Attorney
It's a shame that you started out by lying...but good that you fessed up now.
 

brightbrokedoll

New member
Not a problem. :)

So ... you have no attorney. You can hire one to represent you or, if you cannot afford an attorney, one will be appointed.

Good luck.
hes homeless. i'm poor. his family is ignoring my pleas. the public defender has had this case since april, and has bailed on every meeting. My SO filed a marsden motion, the judge gave him a week and then the PD didn't show up for a meeting with SO or to court on monday and the judge still didn't act.
 

quincy

Senior Member
Okay. So it is your significant other who needs an attorney who will be attentive to his case. Your significant other properly filed a Marsden motion because he believes his public defender is being less-than-attentive.

The judge is not appointing a new lawyer for your significant other - or has the judge just not heard or ruled on the motion yet?
 
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CdwJava

Senior Member
California

if my accuser does not show up at the trial, can the DA move forward with the prosecution without her?
if i am being prosecuted by my accuser's statement, can her entire statement be (easily) thrown out if i show that part of her statement is inaccurate? specifically, she said she left me in her car for 15 minutes when the video should show it was closer to 2hours and 15 minutes)

can you file an injunction to compel my current lawyer to act?
What do you think the attorney should do?

Yes, the prosecution can proceed without the "accuser." It really depends on what sort of case the state has. It may not hinge at all upon the "accuser". As mentioned, if the state's case is dependent upon that one witness's statement, then if that "accuser" (i.e. witness) does not appear to testify, then the state's case should fall apart. Keep in mind that the "accuser" does not have to be present at every hearing. In the case of a felony, they MAY have to be present at a preliminary hearing, but really only HAVE to be present for testimony at trial.

Given your mention that the "accuser" put you (or, your SO) in a car for 15 minutes or 2 hours and 15 minutes,and there is video, I am guessing that the "accuser" is a police officer? If so, it's likely that his or her testimony is not entirely necessary to prove the elements of the crime and may well be immaterial for the offense itself.

As others have mentioned, it sounds as if your SO has taken the steps necessary to try and obtain new representation. But, keep in mind that failing to leap up and pounding one's fist on the table does not equate to malfeasance or inaction by itself. Not every act requires or necessitates a response. It all depends on what was done or said and when in the process it occurred.

More details might be needed.
 

quincy

Senior Member
Which begs the question: What part does the officer play in the incident?
There are several questions. That is certainly one. :)

A change of counsel is, as a note, probably unlikely. Judges know that public defenders have several cases that need attention and may allow for some delays due to conflicts in scheduling.
 
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