Wow!!! Thanx IAAL :)

[Suni]

Thanx for such a quick reply....I truly appreciate you kindness. I wasn't sure how all this works, but I saw that you were noted in there a couple of times. So this is why I sent the message to you. This is the problem.....My brother was arrested along with 2 other people here in California for home invasion robbery, and the was appointed a public defender. They are trying all three of them as co-defendants. Recently my brother was taken from the jail to the hospital and they found a tumor on one of his lungs. He will need to have a biopsy done here next week. But had a kidney taken only a few yrs. ago from Cancer. They went to court, and during the court hearing, His Public Defender offered him 6 yrs (sounds like a death sentence to him). My brother did not want to accept that offer and asked if he could postpone this court hearing until he found out what his medical condition is....To which his Attorney replied...."Looks like your gonna die in Jail". And quite frankly, I thought that was horribly rude and a very insensitive thing for that Jerk to say! Granted my brother has done a very terrible crime, and should be punished, but when did God die and leave this dumptruck in charge? This only assures the fact that this guy doesn't really have my brothers best interest at heart. So, my question is.... Does he have the right to fire this guy, and request that a new Public Defender be appointed to his case? (because he does not have the money to retain one for himself) And my second Question is.... The Judge was not a court appointed Judge, but rather a commissioner or something like that, and My brother would like to know if he can request the case be moved and heard by an appointed Judge? Once again.....thanx for your quick response, and if you can help in anyway, I would really appreciate it! thanx!

 

[I AM ALWAYS LIABLE]

My response:

<<Does he have the right to fire this guy, and request that a new Public Defender be appointed to his case?>>

He can certainly fire the Public Defender, but only in place of a privately hired attorney. Otherwise, the court will deny a request to have a new PD appointed. These guys are not only overloaded with files, but because of that, they get kinda "raw" with their "clients." Remember, the Judges, the prosecutors and defense counsel have seen these, and worse, crimes 19,484 times, and they just don't give a darn about your brother, or the next guy. All they see is an alleged criminal with a docket number.

I would really suggest that ALL of the family members get together, take out a loan, and get him a private attorney; not necessarily to be able to get him a lower sentence (although that's possible), but to make sure his Constitutional Rights are being fully protected. The private attorney will have more time to talk with the Prosecutor and hopefully strike up a plea agreement that is acceptable to the judge. Don't even think that the PD would have time for this, because it's extra work. If I were in trouble with the law, I would make a pact with the Devil himself not to have a Public Defender, because it's like having no defense Advocate at all.

<<Question is.... The Judge was not a court appointed Judge, but rather a commissioner or something like that, and My brother would like to know if he can request the case be moved and heard by an appointed Judge?>>

A defendant must agree, on the record, through his / her attorney, to have a Commissioner try a case. You have a right at the preliminary hearing to have a judge sit on the bench for a trial. Then, the judge at the "Pre-Lim" will schedule a trial based upon a Judge's calendar, and not a Commissioner's calendar. Although, in my experience, it really doesn't matter - - they're all the same and all have terrific judicial temperment. However, from a Constitutional standpoint, your brother is entitled to have a real judge hear his case.

You're welcome, and anytime !!

IAAL

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