More details to this question:
I was arrested for possession of controlled substance in April 2013. Since day one I have repeatedly asked my public defender to file a motion to suppress evidence, the officers had no reasonable suspicion when they jumped out of their vehicle and began yelling at me "where are you going!?" and "where did you come from?!" Startling the Bleep out of me at 8am in the morning as I was walking to a convinience store to get coffee. The female officer took my purse from me as the male officer was blocking my movement and yes they confiscated the controlled substance. It is a violation of my 4th amendment rights, is it not? taking my property, searching it without my permission, in addition their report has several untruths about what happened. Upon my first meeting with public defender and every time thereafter he has persistently ignored my request to file motion and continues to push prop 36, saying its only 3 months (I know its minimum 2years). In June I was told if I wanted new counsel I have to ask judge at my next court appearance. In July, I requested new counsel, had hearing and was denied. This week I had court date and again the same story "why don't you just take the prop?" He thinks I dont want to. I don't have a problem with treatment I’ve been through it and I’m living a much more structured life. The point is my rights were violated, within 5 seconds the officers decided that I was committing a crime? Why didn't I get a pat down ? This week I had a court date and I asked my public defender as I have before, about submitting a witness statement, (my boyfriend watched the episode that morning) isn’t know this until after the fact, however his reply was "Well you could but then I would have to file the motion..." and I'm thinking what is going on here. So in about 2 weeks I go to the prelim with zero defense while the officers testify against me. Is that acceptable? Is there an agency that regulates public defender at this level? If I had 2500-3000 I could hire an attorney.
2 ANSWERS
John J. Carney
First of all, no lawyer here can evaluate your case or your lawyer's performance without having all the facts. Second, you should not expect much from most public defenders, but they are not as bad as people think. Third, do not commit crimes unless you have the money for a good lawyer or you will end up with a criminal record. Most searches are found to be valid because the police can and sometimes lie to make them seem reasonable and constitutional but a lot of people consent to a search and then complain after that it was illegal. Finally, you cannot get another lawyer in a small town but in a big city if you make enough noise they will replace him with another public defender who is just the same. He should have at least done motions and he will if you insist on them.
Answered on Oct 24th, 2013 at 10:25 PM
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Ask for a new attorney. The court will hold what's known as a Marsden hearing on whether your PD is providing appropriate representation.
Answered on Oct 24th, 2013 at 10:25 PM