My friend,(J) had a public defender and it just seems like he messed the whole case up. (J) was told if he wrote out a statement and agreed to testify against the other person he wold get 6-14monthes. So (J) agreed to do it. Then at the next hearing his P.D. states that he is looking at 11 1/2 to 36 months. Then the P.D. would change the time range and it went higher everytime. The P.D. even messed up in the court room, by thinking he was someone else and stating that other persons case, then the Judge had to correct him. The P.D. even told (J) if it was up to Him (meaning the P.D.) he would put him (meaning J) away. The crime was a robbery, but was pressured by another person whom the police never talked to. We talked to the P.D. office and they wouldn't let us change lawyers. Now J is in jail and we want to redo the whole case with a real lawyer, but we arent rich. Are you or do you know a lawyer that will be willing to accept our case and receive payments?
2007-03-31 08:24:16 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
(J) can appeal, on the grounds of ineffective assistance of counsel. This is something that needs to happen quickly, as there is usually a short window after trial in which to appeal.
As to finding an attorney to help, you can contact your local county or state bar association. They usually have referral services that will help you find an attorney who can work with you.
2007-03-31 08:28:08 · answer #1 · answered by coragryph 7 · 2⤊ 0⤋
First you would have to prove that your first attorney provided what is called ineffective assitance of counsel.
Unfortunately you will not meet this standard...This is a near impossible standard to reach. Once an attorney slept though the testimony of the witness who was the eye witness that said his client was guilty and he was found to not have been ineffective.
You must prove that you would have recieved a different verdict from the jury...I don't know enough facts to make a guess one way or the other.
Also as to the sentence change many times PD's go to the prosecutor to make a deal and when the deal is not immediately accepted the prosecutors revoke the deal and go with a high numnber...this isn't the PD's fault...the client, your friend chooses when to accept. He has no control over how long his client is sentenced and how the prosecutor will decide to deal...some defendants get no deal at all it depends on how likely the prosecutor thinks he will win.
When the original offer was turned down either the prosecutor didn't like the rejection, was being arrogant, or thought his chances were good so offered a deal with a higher sentence.
Anyway goodluck, I would suggest calling attorneys with appelate experiance first who might be interested in pro bono work.
2007-03-31 21:48:23 · answer #2 · answered by Dr. Luv 5 · 0⤊ 0⤋
He has the right to excuse him and ask that another take over his case.
2007-03-31 15:33:10 · answer #3 · answered by Mark 3 · 0⤊ 1⤋