How can I request a new Public Defender? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: How to request a new Public Defender? The PD (Public defender) I've been assigned has NOT assisted in my case AT ALL. I've been told I have until Thursday morning to accept a plea I've been offered. I explained to my PD that I have not been able to see all the evidence against me. How can I make a clear conscious decision if I am unable to see the evidence? Example: There's a cell phone in evidence. What's on it? It's there for a reason - Right?So I would like to explain this to the judge, my attorney hasn't given me all the evidence (only what the Discovery states)... How do I request this BEFORE my time is up on Thursday morning when I'm told to take a plea OR trial (If I choose trial, plea is OFF the table).Since I have less than 24 hours to make something happen, can I just 'Hand deliver' a letter to the Judge's office handling my case, voicing my concerns? This action might be better than filing a motion for a new PD? I'm thinking a letter explaining that I cannot accept/decline a plea solely based upon only receiving partial evidence instead of everything. This way it doesn't put 'everything' on my PD, so to speak but also the PA for evidence that hasn't been released. For example: There are recordings the state 'supposedly' has but I have yet to hear them. They are mentioned in Discovery but have never been played for me or my attorney. After 15 months of this case, it seems someone would have filed a motion to suppress this 'evidence' since the defense isn't privy to it however, I'm not an attorney.I KNOW I need a private attorney, I cannot afford one. Period.Thank you in advance those kind enough to respond.Most Respectfully,Still Desperate.
Answered . You don't get to pick and choose your public representative.
That said, you are also entitled to competent representation.
You are free to write and file a pro se motion to discharge your PD and for appointment of new counsel, and if your Judge has even a half-wits sense about her/him then you will get a hearing on your written motion (or the Judge will risk reversal on appeal if you lose).
If you cannot write a motion then you shouls ask - RESPECTFULLY - to address the court when you are there on Thursday morning and state your feelings in a clear, concise and respectful manner. Make a record. If there is one thing that Judge's respect / fear, it is the record, because the record leads to reversals, and a reversal is pretty much a Judge's worst case scenario.
I hope that I have been helpful in answering your question.
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THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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