Wrongly accused and stuck with the Public Defender?

Question

I've been wrongly accused of a crime, but I do have a criminal record (drug paraphanalia). The police and DA believe that I'm a drug dealer (that's what the Public Defender told me), so I think that's why they're trying me with anything they can.

My problem is that I've had the Public Defender several times before and he consistently failed or was totally incompitent. Now I'm facing two years in state prison and I'm scared to death that he will screw this up for me.

Is there any reason other than conflict of interest that would qualify me for a court-appointed attorney in Pennsylvania?

I'm poor and have horrible credit, but if I could I would definitly hire an attorney. If I knew of some way that I could get a large enough loan I'd take it. I'd rather be in debt up to my elbows for the rest of my life then in state prison for two years.

Answer 1

"Belief" is insufficient grounds to persue any charge, it takes "probable cause" in general that means strong evidence.

I don't doubt your claim of wrongful accusation for a second, i've seen it many, many times. If your claim is true, and you know best, then there is onlly one logical conclusion; your being bulldozed by the legal system itself. Unfortunately, this means NO lawyer or any amount of money can stop it. But that doesn't mean nothing can stop it, you and only you can do that. I'm here to tell you its actually relatively easy, if you merely have basic skills(read & write) i know you can. Just e-mail me and i'll gladly help you, if you simply give me a chance i'll show you that you can defend yourself far, far better than any freaking lawyer.

Answer 2

If it's a public defender, ask to speak to the head PD of the office and see if you can get another PD assigned.

If you are innocent (an no, technicalities like it was my friends, or it wasn't in my pocket dont count), then your PD should do a good job. If not, you can always file an appeal for ineffective assistance of counsel.

You won't do 2 years, even if you do have a minor prior. More likely it's going to be something like 30-120 days, with the rest of the time suspended conditional to parole. Talk to your attorney about this.

Understand that in some instances, even Jonnie Cochran won't be able to help you out. Unfortunately, it's far easier to get convicted of a minor crime than a major one. Be truthful with your attorney, answer all he questions as completely as you possibly can, and hope for the best.

Answer 3

Most public defenders are horribly over-worked, and are dreadfully underpaid considering their caseload.

However, the job of any attorney is to be your advocate. The person who is ultimately responsible for your defense is.... YOU.

I would sit down with your public defender, and tell him/her that you have a list of questions. If you want, you can send them to him/her in advance. You need to question them and understand the process from start to finish.

Then, you need to insist that they keep you informed of what is happening. If you do not understand something, ASK THEM. If you don't understand the answer, tell them you don't understand, and make them explain it until you do. If what they are telling you doesn't make sense, then tell them that, and have them help you make sense of it.

You did not say what the new charge is. However, I am reading into what you wrote that it might be something like possession of with intent to deliver, or some similar charge.

The State, in any criminal case, has a responsibility to prove beyond a reasonable doubt, all of the elements of the crime, and that you did commit those elements. You are required to prove nothing. That being said, sometimes the Defendant must actively prove his/her evidence, especially if the evidence against them is strong.

If you can afford a private attorney, then by all means, hire one. The ultimate responsibility for any proceeding, though, is you, watching what your attorney does carefully, and then making sure that you understand the process and why they are doing what they do.

Answer 4

Public defenders are overworked and underpaid. I would not even bother. You have to get the money for a good lawyer.

Take out a loan, ask friends and relatives, work some OT or a second job, find the money. Some good lawyers will start out on your case for as small as an $800 retainer. Ask around from people you know first, if you still don't know of a good lawyer call your local bar association. Their number can be found with a simple internet search.

Once you find a good lawyer follow Phil R's advice and and make sure to go over everything with him and make sure he stays on it. Research your case as best you can yourself on the net and ask your lawyer questions concerning the results of your research. You have to take action!

Answer 5

Honestly, the best way for you to get out of a situation like this is to put out the money for a outside lawyer. It will be expensive but how much is your freedom worth? These people have ways of postponing courtdates and getting you off, especially if there is lack of evidence. Take out a loan if necessary, but it will be worth the money.

Answer 6

Since you have used the public defender "several times", you should know the law well enough to represent yourself!!