Is there a way to make a public defender,actually defend??? Or is it true if you have no money,they dont care?

Question

My Son has a public Defender,that did not even try to get his bail reduced.
So therefore Im worried he is going down
because this guy wont do his job?
How can I do his job?

Answer 1

Many P.D.s are shoddy, but remember that many PDs are also very good. They have spent A LOT of time in courtrooms with prosecutors and with particular judges and have a good idea about what's going on. Perhaps the PD didn't try to get his bail reduced because he knew that that particular judge would never do such a thing, and it might hurt him later. Perhaps there's a statute that sets minimum bail for particular crimes. Or perhaps he believed that it wasn't worth arguing over with the prosecutor, who he needs to have a good relationship with for a request down the line. Did you ask the PD why the bail wasn't reduced?

Remember that a lot of people _choose_ to do this work because they _do_ care about criminals in the system--they honestly believe that the government wields too much power and want to stand up to them. (This is especially true if the PD is actually an employee of a state or federal public defender's office; if the attorney is an outside "appointment," then you've got much more reason to be concerned because the quality and dedication of these people can vary GREATLY.)
PDs are overworked and sometimes let something slide. Call him -- let him know your concern and ask for information. That may help.

And if it doesn't, specifically ask the judge for new counsel. Identify the things that have been cause for concern so the Court knows that it's not just a personality conflict or a disagreement over how the case is being managed, but a serious concern over the effectiveness of the attorney. But you need more than "he didn't try to get bail reduced" to convince a judge to get you a new attorney.

Answer 2

If you have no money, they DO NOT care. Public defenders don't do a thing! Most of the time they won't even show up to court. Often, even the paid lawyers don't do much as well. I am sorry as a mother you are going through this. All you can do now is be strong and be prepared.

I think paid lawyers are even worse than public defenders, honestly speaking. Most of the time, even when they already know ahead of time that the person will go down anyway, they still will promise you the "golden mountains'. And as soon as they suck all the $$ from you, and they know that there is nothing else they can get from you, they quickly wrap up the case, the client goes down, and his family is left with nothing. Happens all the time.

Answer 3

Ask for another attorney! Try and get an attorney that does some free work as they don'r have the caseload and they have experience!

Most public defenders are right out of law school and have a case load that no one can humanely do! It is the system that is broke! If you have a lot of money your son probably could have gotten the charges sealed like George Bush did with his drug conviction in Texas!

Answer 4

You have the right to have a lawyer who believes in your case. I grew up in a family of attorneys and know a bit about what can be done. First of all, find out why he didn't try to reduce bail. There may have been a reason. If you think that the PD isn't serious about your case, find out if it is possible for another PD to be assigned to it. The best way to find a lawyer is to contact the Bar Association in your state and find out which lawyers specialize in the area of law your case is in (i.e. Criminal, civil, domestic dispute/divorce, tax etc) and if there are any who do legal aid or pro bono work. (They either offer cheap legal services or do it completely free.) You should be able to get the phone number and web site information for the Bar Association in your state by googling "Bar Association ____" (Enter state name here) Then you need to find the "FInd an attorney" part of the site or the phone number listed to do so. It may differ by state what heading it's under, too, so keep your eyes open. All in all, PD's aren't bad people, they've got a lot on their plates and so to them, it may seem like this is one more person they need to defend, however, they're human! Try sitting down with and talking to your lawyer. Leveling with them and getting them to level with you (Please be respectful, you want their help!) is the best way to find out what your chances are in the court room. I don't recommend attempting to defend your son unless you have a law degree. Even then, the judge may not let you defend him because you have a conflict of interest because he is not just a client but your own family. Good luck.

Answer 5

Those idiots shouldn't even bother to call themselves "defenders". They are there to sell you down the freakin river and get the revenues coming into the county, city, state, etc....and that is all. Dont bother doing all the research for them out of the goodness of your heart as they dont give a rats *** and will not present the evidence or proof you provide in your own defense, it's a damn racket as far as I am concerned. The average adult would do a better job representing himself. Whatever you do, do not let this "defender" creature talk you into signing away your rights to a jury trial, because him and the judge have already decided your fate whether you believe it or not. Yep, theJudge, the Defender and the Prosecutor person all belong to the same country club and either had dinner and drinks the night before and sealed your fate or they will recess for lunch and discuss your demise over a steak and a mixed drink. Oh yeah, your new probation officer that has been chosen for you will probably attend the dining and drinking fest too, so they can pull the plan completely together. Yep, regardless of what they are supposed to do, and regardless of what the Constitution and our Bill of Rights say, we are all guilty until proven innocent in the eyes of these drunken, holier than thou jackasses that previous jackasses have appointed. It's called the "UNJUSTICE SYSTEM" where I live. Good luck, My Prayers are with you and your family through this!!!!

Answer 6

While it's true most Public Defenders couldn't care less cause they get paid the same amount win, lose, or draw. I would suggest you look into your Sons Sixth Amendment Right to the "Effective Assistance of Counsel" The United States Supreme Court says that a Persons "Right" to counsel attaches at Critical Stages of His case and "Is" a Constitutional Right under the 6th Amendment. I give you an excerpt from the Georgetown Law Journals, Annual Review of Criminal Procedure (2005) Edition P. 455; " QUOTE ":
RIGHT TO COUNSEL; SCOPE AND APPLICATION:
"The Sixth Amendment provides that " [i]n all criminal prosecutions, the accused shall enjoy the right..........to have the Assistance of Counsel for His defense." The Sixth Amendment right to counsel applies to all federal and state criminal prosecutions in which the defendant is accused of a felony or of a misdemeanor if a sentence of incarceration is actually imposed. END QUOTE. I now refer you to case Law of the same Journal concerning "Right To Counsel"

Self v. Collins, 973 F.2d 1198, 1206 (5th Cir.1992); "right to counsel attached after indictment and remained in force even if defendant was not in custody because formal judicial proceedings had begun. (See Also) U.S. v. Harrison, 213 F.3d 1206,1214 (9th Cir. 2000); "right to counsel attached at indictment." end.
If you feel that the Attorney is not upholding your Sons Constitutional Rights, you can go online to your local Bar Association or you can get further info online from this website: " National Criminal Justice Reference Service." You can also complain to the Appointing Court and "outright" tell them that the Attorney is failing to follow instruction as outlined in the Constitution. I hope this helps.
GOD BLESS/GOOD LUCK!!

Answer 7

Thats where they get the name Public Pretender. There are some Public Defenders that do care. Trust me I have had a few. I would suggest telling your son to request for another one and try to have another court date setup to reduce his bond or atleast setup some kind of work release. Good Luck

Answer 8

You can fire the public defender. They will appoint another one for you. Since being fired is seen as a negative, like all professions, the second attorney will be inclined to do his job correctly.

Answer 9

LOL yeah pretty much if you have no money you are ******...unless you are lucky enough to get a Public Defender that has a HUGE ego and doesnt like to lose

Answer 10

Request another lawyer. Call the big name firms in the area that your son needs a lawyer (I'm guessing criminal law?) and ask them directly for their time. You will need to appeal for more time before trial if it is coming up soon. If neither of the above work, file a request for a mistrial on the grounds of inadequate defense.