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  1. #1

    Default How to Dismiss Your Public Defender

    How would I go about dismissing my Public Defender?

    He spent very little time speaking with me in regards to other people that day and his only action was to request a motion for discovery which I have now learned can be denied here in Va. Prosecution doesnít have to cooperate up until the day of the trail leaving little to no time to prepare a defense.

    At this point to reduce costs Iím just going to plead guilty but Id like to fire him first and represent myself to avoid lawyer fees.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,321

    Default Re: How to Request a Public Defender

    So, other than spending time talking to you, what should he have done that he didn't?

  3. #3

    Default Re: How to Request a Public Defender

    If he knew what he was doing he wouldíve told me there isnít much to be done. He asked what happened, then said that he would request the waiver which will give him the same information I told him.

    When I told him I had found the non-violent felon clause in regards to black powder weapons but did not find said law in regards to black powder weapons being firearms if you are mentally ill he admitted he didnít know what he was doing.

    His reply was he had never heard of black powder weapons being considered firearms PERIOD except for violent felons then said his opinion was that he sees no reason why I should not be allowed to possess one. Heís obviously an amateur.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,368

    Default Re: How to Dismiss Your Public Defender

    If you want to fire your public defender and hire your own, private lawyer, hire a lawyer and your new lawyer will file a substitution of counsel.

    If you want your public defender to be replaced, and the lawyer is the employee of a public defender agency, then you can inquire with the agency about substituting in another lawyer.

    If you are speaking of a court-appointed lawyer, not an employee of a public defender agency, then you can petition the court for a different lawyer -- but "He spent very little time speaking with me" is not likely to be found to be a sufficient ground to change lawyers. It is not your lawyer's fault if the prosecutor takes full advantage of state law to delay providing you with information you desire to prepare your defense.

    If you want to fire your lawyer and represent yourself, you may make your wishes known to the court.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,321

    Default Re: How to Dismiss Your Public Defender

    In other words, he isn't signing off on your interpretation of how the case should be managed. Okay, that's pretty much what I thought. Follow Mr. K's instructions, above.

  6. #6

    Default Re: How to Dismiss Your Public Defender

    More like his responses show he isnít well versed in this particular area of gun laws and his commentary on ownership was uncessesary. If I had made the same comment about questioning my right to own one In front of the judge it would make me look as if I wasnít taking the charge seriously.

    Iím calling the Clerk of Court. Iíll most likely be told to put my request in written form and give to the court to place in my file.

    My costs will be higher with a PD, My SSDI check isnít enough to cover a private lawyer and Iím not using my mental illness as an excuse like my case worker is urging me to do. Guilty plea guarantees probation as I have no prior charges.

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