Why don't court appointed defenders help their clients prove they are innocent?

Question

All they care about is helping them plead guilty. My innocent daughter is sitting in OK county and the real guy is out free.

Answer 1

If you're that convinced your daughter is innocent as well as the fact that the defender isn't doing his job, then you should either petition the court for a new public defender or actually pay for your own lawyer.

They wouldn't be holding your daughter without evidence. Are you sure you've actually looked at the situation and not just automatically said, "My baby would NEVER do that!" in typical parental fashion?

If the defender had evidence that shows your daughter is innocent OR that someone else was guilty, they would have to use it. Otherwise they would be obstructing justice, which is illegal. Based on this information, I have to figure your daughter was at least involved in the situation.

You do have options. Its whether you choose to sit back and whine or actually do something that makes the difference.

Answer 2

Most court appointed attorneys are incredibly overworked, understaffed, and underpaid. Many of them are also extremely good lawyers who often get as much experience in criminal practice in one year as the average general practice (private) attorney gets in 10. Its because that's all they do is criminal practice.

Each state has its own system of aid for those who cannot afford an attorney to defend them. In some states, there are full time public defenders in each county, who are on the payroll. In other states the Court appoints an attorney to defend from those who have made themselves eligible for such appointments.

That being said, an attorney can only present the evidence that he/she has. Innocence is often the protest, but when told to come up with some evidence to prove that fact, many times the accused fall short. If you have evidence to prove that someone else committed the crime charged, (which you didn't indicate what the crime was, etc), then you have a duty (both morally and by law) to make that evidence available to both your daughter's attorney and to the prosecutor/police. Now: before you go and start calling them and telling them that so-and-so commited the crime, think a moment: Do you just "know in your heart" that someone else did it, or do you have hard, solid evidence? Mere belief that someone else did it is not sufficient. Did you see them at the crime scene? Do you have some piece of physical evidence? Are these things to which you can testify? Those are the questions that you must ask yourself, in a rational, objective manner. The public defender will ask you them also, and if you call him/her and say "so and so did it because I know it and they are a bad person,etc", they will probably tune you out pretty quickly. So would the prosecutor.

You also have to look at some other realities. Contrary to popular belief, the police often do arrest people with very little evidence. However, the prosecution doesn't usually charge those people with a crime unless the police produce some evidence to back up the charges, even in Oklahoma. If your daughter is charged with a crime, there is probably SOME evidence of her having committed that crime, or the prosecution will eventually falter.

Your other option here, if you are so dissatisfied with the public defense, is to hire a private attorney to defend your daughter. Again, you didn't indicate what she is charged with, but be prepared to pay a substantial retainer, and then to be billed $150 to $200 per hour or more.

If you need a referral for a private attorney, contact your local or state bar association.

Answer 3

Joe Willy Neckbone says, " as it was explained to me by a public defender; the lawyer has to try to get you to plead guilty so he can build his relationship with the court. If he takes a case to trial, the district attorney does not cooperate with him in future cases."

The best way to defend yourself in court is to hire a private attorney.

Of course you would not have to worry about any of this if you gave some consideration to the out come of your actions before you go and commit a crime.

Answer 4

When you have a court appointed lawyer it means you are a poor, sorry loser. These lawyers will become judges someday. They don't want to piss anyone off. They just try to get things to go as smoothly as possible. This means plead guilty to a lesser charge if possible and move on to the next case. It's just used so you will have representation. It's not used to get you off.

Answer 5

It comes down to the almighty dollar. If it were in the defenders intrest the criminal would take the fall. In sooooo many cases the justice is a commodity to be purchased by the highest bidder.The attorney will tell you himself if you ask,"there just isn't enough money for research and court exspenses, I have to make a liveing to."

Answer 6

I like to call them "public pretenders" in that they pretend to defend. Remember, the work for the state that is prosecuting her.