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  1. #1
    Join Date
    Jun 2008
    Posts
    16

    Default Getting A New Public Defender

    My question involves criminal law for the state of California

    What is the process of getting a new Public Defender assigned to your case? And if anybody knows, is specific requirements in order to warrent a new public defender or is it simply up to whomever is in charge.

    I cannot afford a private attorney.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Getting A New Public Defender

    It is my understanding that unless your PD is felon, a visible drunkard (i.e., shows up drunk for court) or is openly lackadaisical about your defense, no, you can't fire him.

    You have to have very solid reasons to ask the judge for a new PD, and absent something heinous, your chances of convincing the judge to assign a different PD are very slim to non-existent.
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  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Getting A New Public Defender

    Is this a private lawyer, appointed by the court, or are you actually describing a lawyer who works for a public defender's office?

  4. #4
    Join Date
    Jun 2008
    Posts
    16

    Default Re: Getting A New Public Defender

    This is a lawyer that works in the Public Defender's office.

  5. #5
    Join Date
    Jun 2008
    Posts
    16

    Default Re: Getting A New Public Defender

    just to clarify...not an outside lawyer hired by the courts. If it matters, this is the second PD I had. The first one, who I liked a great deal was rotated out...(it is the habit of this court to do this with their PD's and the DA's.) This second PD came in 3/4 of the way in the case (again just the way the system works..has nothing to do with me..happens to everybody if the case goes on long enough).

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Getting A New Public Defender

    Then your lawyer has a supervisor. Take up your issues with the supervisor.

  7. #7

    Default Re: Getting A New Public Defender

    Each Public Defender has a Supervor. Call the PubDef's Office and ask to speak to the attys supervisor. Be prepared before you call with articulable facts as to why you no longer want this atty assigned to your case. The reason musr be more than you simply do not like the atty.

    Remember, you cannot control how long a PubDef Atty is assigned to your case. Vertical Defense in the PubDef's Office does not happen that often in Misd and lower level Felonies... That is one of the chief complaints I hear, but again the services provided to you are often at a much lower cost than a private. The private Atty naturally will stay on your case as long as you are willing to pay for those billable hours...

    PubDef Atty in my office carrying 20-30 cases and spend a lot of time in trials. Lucky for us we have an Bureau of Investigations that includes 12 Investigators.

    Hope this helps,

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