Public Defender Trying to Get Me to Plead Guilty

[PublicDefProblem]

My question involves criminal law for the state of: PA

I have a case in which the witness accused me of something I did not do due their own personal interests and it's pretty clear I didn't it has been continued 3 times because they haven't shown up the last time by my own public defender in which I clearly stated I wanted to go to trial. The public defender asked for the contiuance without me present in the courtroom gave me no chance to do anything, then proceeded to come outside the courtroom and convince me to plead guilty. They made the statement "See everyone in there they plead guilty" with the DA standing right there with his back against the wall. Then they proceed to threaten me with additional charges if I do not plead guilty. I said don't I have the right to a speedy trial? to which she replied "murder cases can go on for years" which blew my mind because this is NOWHERE near a murder case. I have suffered extreme mental pain and suffering from this, I can't get a job due to the arrest I've never been this broke in my life. I have no priors whatsoever, it has been going on for 6+ months I have wanted to go to trial everytime because they're lying and won't show up (even gave 2 different statements) and it even became apparent to the public defender working against me after they tried to intimidate me into pleading guilty. Asked me about the situation I told them than they said this is pretty much all bs while she was holding the allegation papers. Now I've been given what seems like a real attorney who said he will actually ask for a dismissal if they don't show up again. From a legal perspective what are my rights? What should I do? What's going to happen? I just can't take it anymore it's clearly obvious I did not do this what are the chances of it being dismissed at the next court date?

[jk]

something really doesn't make sense. If you are having a trial, you all show up and present your cases. If a witness is not present, oh well, too bad for whoever's witness it was. Then after both sides do their thing, the judge or jury makes the decision of guilty or not guilty.

It would seem you are not at the trial stage yet but it's not clear where you are in this. Have you even entered a plea yet? Is what you are attending merely arraignments? If you are attending arraignment hearings or some preliminary hearing of some sort, I don't understand why your lawyer would ask for a continuance because a witness was not present. Generally, a witness wouldn't attend an arraignment so..

just what kind of hearings are these?

[PublicDefProblem]

No I'm not kidding these are trial dates...and the witness contiually doesn't show up and the last time we went on my trial date that is what my public defender did, they walked out of the courtroom I said I want my trial they said "well It was already continued." then proceeded to try to intimidate me to plead guilty and press more charges. literally said "You see everyone in there they plead guilty." They were working closely with the DA as he was standing right there trying to intimidate me, and yes I entered my plea of not guilty, the arraignement and the witness didn't show for the preliminary either in which nothing was dropped. I'm so stressed out I can't take it I have never been so financially broke, I had to quit my job to get a public defender

[jk]

this makes absolutely no sense. If it is as clear cut as you say, your lawyer needs his but kicked. Unless the witness has a valid reason for the no show, your lawyer should be asking they be charged with contempt for failing to show up.


the other thing I don't understand is; if you are having a trial, they don't have a bunch of "everyone in there" pleading anything. There has to be time dedicated to your trial and there are not a bunch of "everyones" waiting to be arraigned or whatever.


the witness may or may not have been needed for anything prior to the actual trial.

If PA has a public defenders office, you need to contact them and inform them of the situation and ask for a new lawyer. If PA has private attorneys that also work as PD's, if your lawyer is in a firm, you need to speak to a managing partner in that firm. If not, the bar association is about the only other place to file a complaint with an attorney's actions.

[PublicDefProblem]

this makes absolutely no sense. If it is as clear cut as you say, your lawyer needs his but kicked. Unless the witness has a valid reason for the no show, your lawyer should be asking they be charged with contempt for failing to show up.


the other thing I don't understand is; if you are having a trial, they don't have a bunch of "everyone in there" pleading anything. There has to be time dedicated to your trial and there are not a bunch of "everyones" waiting to be arraigned or whatever.


the witness may or may not have been needed for anything prior to the actual trial.

If PA has a public defenders office, you need to contact them and inform them of the situation and ask for a new lawyer. If PA has private attorneys that also work as PD's, if your lawyer is in a firm, you need to speak to a managing partner in that firm. If not, the bar association is about the only other place to file a complaint with an attorney's actions.

It is exactly as clear cut as I say it is, on every piece of mail I've gotten it's said Trial date after every continuance and was my public defender now all the sudden I get a phone call about a week ago from a different lawyer from the public defenders office who is actually trying to help it seems. I have looked up my consititutional rights and I have the right to adaquate representation which I clearly did not receive during this time period. Because they didn't have the only witness there ie the person who made the allegations which were false this is exactly what they attempted to do. I have looked into reporting them to the bar association, but I don't know if this helps me in court any? is there anyway I can present the fact I was not given adaquate representation? and I wanted to go to trial but my lawyer continued it then began the tirade with the DA? I pleaded not guilty I didn't plead let's continue this and see if we can intimidate someone into pleading guilty and prolonging the case aslong as we can even though the public defender is suppose to be defending me and my defense. Their problem is without their lying witness they have no case so I was basically stripped of all my rights, attempted to be co-erced into taking a plea deal of pleading guilty also intimidated and I sat there like I was nothing I felt like I had no rights whatsoever.

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They weren't being arraigned they were taking plea bargains I believe..

[jk]

well, you have a long time to go before your right to a speedy trial is abridged. PA allows 365 days BUT if your lawyer asked for a continuance, it pretty much kills that requirement.

Why did your lawyer ask for a continuance? It makes no sense he would ask for one if the witness was not there. It isn't his place to do so and not sure he actually can.

[PublicDefProblem]

I have no idea...they gave me no information on why it was continued. I will ask my new lawyer tomorrow as to why it was continued. And I knew the witness wouldn't show because they were lying and I even told them this from the get go they probably aren't going to show yet they gave me this public defender who did nothing but work against my best interests and my defense. I seriously don't see how my legal rights have not been severely violated in some way. This scares me...I don't know what to do..

- - - Updated - - -

I really can't take much more of this, if it's not dismissed at my next upcoming Trial date which is soon I don't know what I'm going to do.

[jk]

I gave you several actions. At least 2 should apply for any given situation.

[Mr. Knowitall]

We have no real context here, so all we can do is make educated guesses.

This sounds like a felony case, perhaps scheduled for a multi-day trial. It's possible that the witness is present but not in the courtroom; it's also possible that the prosecutor intends to call the witness later in the case and thus their immediate absence from the courtroom is irrelevant. It's possible that the witness is absent, but has good cause (e.g., a hospitalization). It's possible that the prosecutor anticipates that with pretrial matters, jury selection, the swearing in of the jury, opening instructions and opening statements, he can have the witnesses on standby and call them to appear starting in the afternoon if the case proceeds.

Courts typically schedule multiple trials for the same day. Criminal cases are normally heard based first upon whether or not the defendant is incarcerated or is out on bond, and second by the age of the case - jailed defendants first, the rest later. When a defendant is out on bond, it's not at all unusual for a trial to get bumped several times in a busy court. It's possible that if your lawyer came out of court and said something along the lines of, "We agreed to adjourn the trial to X date," he meant only that he agreed to the date - "The judge ordered the trial adjourned due to another case having priority, and the prosecutor and I agreed to the new date."

[PublicDefProblem]

We have no real context here, so all we can do is make educated guesses.

This sounds like a felony case, perhaps scheduled for a multi-day trial. It's possible that the witness is present but not in the courtroom; it's also possible that the prosecutor intends to call the witness later in the case and thus their immediate absence from the courtroom is irrelevant. It's possible that the witness is absent, but has good cause (e.g., a hospitalization). It's possible that the prosecutor anticipates that with pretrial matters, jury selection, the swearing in of the jury, opening instructions and opening statements, he can have the witnesses on standby and call them to appear starting in the afternoon if the case proceeds.

Courts typically schedule multiple trials for the same day. Criminal cases are normally heard based first upon whether or not the defendant is incarcerated or is out on bond, and second by the age of the case - jailed defendants first, the rest later. When a defendant is out on bond, it's not at all unusual for a trial to get bumped several times in a busy court. It's possible that if your lawyer came out of court and said something along the lines of, "We agreed to adjourn the trial to X date," he meant only that he agreed to the date - "The judge ordered the trial adjourned due to another case having priority, and the prosecutor and I agreed to the new date."

No they don't have a witness my lawyer told me if they were found they'd be detained.