Results 1 to 9 of 9
  1. #1
    Join Date
    Apr 2013
    Posts
    5

    Default What Happens when a Public Defender Fails to Notify Defendant of a Court Date

    My question involves medical malpractice in the state of: West Virginia

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: What Do I Do when a Public Defender Failed to Notify Boyfriend of a Court Date

    From your very limited information, nothing since it appears the issue involves someone other than you.

    Gail

  3. #3
    Join Date
    Apr 2013
    Posts
    5

    Default Re: What Do I Do when a Public Defender Failed to Notify Boyfriend of a Court Date

    Sorry I am new to this site. My bf had court originally scheduled last month which was cancelled due to the weather. We waited for another court date and never received anything in the mail or a phone call. It wasn't until a bondsman called to let us know that he missed the rescheduled court date which was a week later. I immediately called his attorney who was out of town that week and stated that he knew nothing about it either. He claims he contacted the prosecuting attorney who refused to agree to anything. The public defender let her know that he never informed his client of the court date and that he wasn't responsible for missing it. She didn't seem to listen and issued a capias. Now the attorney told us he was putting in a motion to appeal. My bf was told to " lay low " by this public defender. This is a charge my bf shouldn't be responsible for. I am still awaiting word from the public defender so we know what's going on, but to my knowledge this is malpractice on his end. I called the WV state bar, and they are sending me a form to make a complaint against the attorney for malpractice. I don't know what else to do. I have written letters to numerous people in the Senate also. Any suggestions?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Do I Do when a Public Defender Failed to Notify Boyfriend of a Court Date

    If this is a public defender's office, your boyfriend can talk to the lawyer's supervisor.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Do I Do when a Public Defender Failed to Notify Boyfriend of a Court Date

    I suggest that your boyfriend address the situation. It's no wonder you're not getting any responses - you have no legal standing to do anything in this matter and no one has any legal obligation to talk to you about it. If the state bar agreed to send you a form (which you have no standing to complete) that's more that you are entitled to and considerably more than I would expect you to get.

    It's HIS issue. HE needs to deal with it.

  6. #6
    Join Date
    Apr 2013
    Posts
    5

    Default Re: What Do I Do when a Public Defender Failed to Notify Boyfriend of a Court Date

    I understand this is "HIS " issue, but I came on here on his behalf to get any suggestions. I do understand that I am not represented by an attorney, but I am trying to look out for my legally blind bf. I really don't want to get the public defender in any trouble, but this is coming down to a malpractice issue according to research I have done. It is also costing my bf's freedom. When I wrote my emails to the legislature, I also let them know I was writing on behalf of my bf. Unfortunately, he is currently out on bond(which I bonded him out) so I am in the middle of this to an extent. I am crossing my fingers that we get to go before the judge soon, and he is understanding of this mishap.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Do I Do when a Public Defender Failed to Notify Boyfriend of a Court Date

    You're missing the point. Just because you put in the letter that you are writing for someone else does not give you authority to speak for them. The fact that you bonded him out doesn't either. Your "legally blind" bf needs to get off his ass and deal with this himself. NOTHING you do is privileged and you could be jeopardizing the attorney-client privilege he has with the PD by inserting yourself into the mix. Do you want to end up on the stand testifying for the prosecution?

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What Do I Do when a Public Defender Failed to Notify Boyfriend of a Court Date

    Quote Quoting Niky A.
    View Post
    I understand this is "HIS " issue, but I came on here on his behalf to get any suggestions. I do understand that I am not represented by an attorney, but I am trying to look out for my legally blind bf. I really don't want to get the public defender in any trouble, but this is coming down to a malpractice issue according to research I have done. It is also costing my bf's freedom. When I wrote my emails to the legislature, I also let them know I was writing on behalf of my bf. Unfortunately, he is currently out on bond(which I bonded him out) so I am in the middle of this to an extent. I am crossing my fingers that we get to go before the judge soon, and he is understanding of this mishap.
    where is the malpractice? You stated the PD was not aware of the rescheduled court date either, correct? If so, how was he to inform your BF of the date? Do ya think it might have been something other than the PD that caused this issue?

    Has the lawyer spoken to the court to determine if it is truly to incarcerate the BF or merely to be able to investigate the situation?

  9. #9
    Join Date
    Apr 2013
    Posts
    5

    Default Re: What Do I Do when a Public Defender Failed to Notify Boyfriend of a Court Date

    Actually, no I am not missing the point. I came on the site for suggestions of what "HE" can do, not me. To be honest, the attorney called me while I was at work. I didn't bring myself into this......he did for your info. Apparently, this attorney was out of town and had another public defender " filling in for him ". It is not my bf's problem that this fill in attorney did not notify him of the court date. Whether it be the original attorney or a fill in, it is there obligation to inform the clients of their court dates. Isn't this correct? By the way, I have no problem with testifying, but it would be for my bf. The prosecuting attorney supposedly issued a capias for my bf for failure to appear. He has never missed any of his court dates until this incident. He also did not have a capias for any other reason either.

    - - - Updated - - -

    Sorry I should have been more detailed. The original public defender was out of town and claims he had another person filling in for him. This other attorney was handling all cases for the attorney and never informed my bf of the court date. The attorney tried to reach an agreement with the prosecuting attorney to drop the capias, but she would not. Unfortunately, the attorney was unable to schedule a court date until April 12. I guess we will see what happens.

    - - - Updated - - -

    Thank you. He will be doing this if the issue is not resolved.

    1. Sponsored Links
       

Similar Threads

  1. Hearings and Trials: Court Failed to Notify Me of Hearing Date. License/Registration Suspension
    By ld_rider in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 02-23-2011, 09:06 AM
  2. Establishing an Order: What Happens when a Parent Fails to Appear for a Court Date Involving Child Custody
    By natasha11789 in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 02-14-2011, 09:38 PM
  3. Defamation: Public Defender Lied in Court
    By MadMommaof3 in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 01-15-2010, 04:47 PM
  4. Court-Appointed Lawyers: Contacting Public Defender's Office Before Court
    By BadBrain in forum Criminal Defense Lawyers
    Replies: 4
    Last Post: 01-08-2010, 03:07 PM
  5. Court-Appointed Lawyers: Public Defender's Obligation to Inform Defendant of Possible Alternative Dispositions
    By nite_riderusa in forum Criminal Defense Lawyers
    Replies: 7
    Last Post: 11-16-2007, 05:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources