Where a new PD is appointed right before trial should you write a letter to the Judge? ~ AVVO.com Best Answer ~ Call Michael A. Haber. Esq @ **ARRESTED
Q: Can I write directly to the judge? Would I be in trouble? I won't mention any facts of the case, just want a fair trial. I believe my husband rights are being violated. He has pending criminal charges. He's facing up to 30 years. He has a public defender & his lawyer has been changed for the 3rd time. Based on the dockets, this change has taken place with 18 days left before trial. So of course the new lawyers file a continuance & my husband sits in jail longer. I want to write the Judge to plead to him for help to find out or understand how this is allowed to happen? My husband only choices are take a plea, go to trial with an unprepared lawyer, or allow for another continuance. All land him in jail or prison for months to years. He's not getting a fighting chance. I didn't think lawyers were allowed to withdraw from a case so close to a trial? Why and how would this be allowed?
Answered . I am sorry for your and your husband's situation but DO NOT under any circumstances, write the Judge.
If the lawyer is unprepared then your husband would be a fool to insist on the case proceeding until his PD is brought up to speed.
The fact that they rotate, retire, get transferred, have high caseloads and a lack time are the only downside of having a PD. And I know, having worked side by side with PD's for 23+ years, and primarily in Miami, where we are fortunate to have among the best PD's on the planet, that overall these generally selfless gals and guys are excellent attorneys. Although they generally cannot afford to offer up the time and personalized attention that private lawyer brings to the table (albeit at a price), PD's are almost all excellent attorneys, generally being extremely well-versed in both the law and their courtrooms.
Contrary to popular belief, it is not easy to either get hired as, or to remain employed as, a PD. It takes brains, ethics, effort and commitment. It is an often times thankless job and attorney's who are not committed to it simply do not last. For those who do, however, their client's benefit not only from the day-to-day knowledge of their individual courtrooms (including but not limited to knowing the tendencies of their Judge, their prosecutors and the other instrumental court personnel) but also from the vast resources that the PD brings to the table (investigators, experts, etcetera) without further expense to the client.
You are understandably frustrated but you can either learn to channel it you can make things worse. Show up in court, continue to support your husband and DO NOT write the Judge.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
THIS BLOG POST (AS ARE ALL OF 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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