QUESTION
Is it right for the defendant's public defender to be going against him instead of defending him?
Asked on Jun 28th, 2013 on Criminal Law - California
More details to this question:
My boyfriend's attorney is not defending him. He is going against him. He has sent him 2 letters stating that he needs to plead guilty to his felony charge or he will put more charges against him. Wouldn't that be like his attorney is threatening him or pressuring him in pleading guilty and isn't that against the law?
11 ANSWERS
2 Awards
There must be some confusion. The public defender is the defense attorney for the accused. Perhaps he is giving him good advice about pleading so the DA will not bring additional charges, maybe that is part of the plea deal. There is a district defender in the judicial district you are in, ask for his/her name and give them a call to find out what is going on.
Answered on Jul 01st, 2013 at 11:57 AM
Michael J. Breczinski
You are probably mistaken. I suspect that the prosecutor is telling the defense attorney that if the defendant does not plead guilty then they will add more charges. The defense attorney can't add more charges only the prosecutor. The defense attorney is just relaying what the prosecutor is saying.
Answered on Jul 01st, 2013 at 10:06 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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if your boyfriend feels that his public defender is not protecting his interests, then his only option is to hire a private attorney to represent him.
Answered on Jul 01st, 2013 at 9:02 AM
1 Award
A public defender has zero ability to add or subtract charges. Your boyfriend must be misunderstanding. Most likely, the prosecutor is threatening to add charges, and your boyfriends lawyer is relaying the message.
Answered on Jul 01st, 2013 at 9:02 AM
Alexis Anne Plunkett
The public defender cannot add charges to the complaint, and I would be shocked if he actually said that. Does your boyfriend insist on a course of action that is vastly different than what the public defender recommends? If so, the PD is covering his own butt. If your boyfriend goes to trial and loses, he could appeal on the grounds of incompetent counsel, hence the PD covering his butt. It sounds like your boyfriend wants a trial, whereas the public defender knows that he would lose at trial and also knows that the plea negotiation is not going to get any better. If you are truly worried about this, seek private counsel.
Answered on Jul 01st, 2013 at 9:02 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Well, first, his attorney would not be adding the new charges as he or she doesn't posess that power. Perhaps his attorney is informing him that the prosecutor is threatening to add more charges? In any event, if there is a breakdown in communication between public defender and your boyfriend, he should strongly consider talking to and potentially hiring a private attorney to take over the case.
Answered on Jul 01st, 2013 at 9:02 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You are in no position to judge the advice that the lawyer is giving. The lawyer is not saying he will "put more charges against him" but may be telling your boyfriend that the State has said if they cannot work out the case they are facing, additional charges may or will be filed. It is not against the law for the State to use potential additional charges as leverage to work out a pending charge. They could just simply file more charges on him. If he is not happy with his free, court appointed lawyer, he can hire a lawyer to represent him.
Answered on Jun 28th, 2013 at 7:32 PM
Thomas Edward Gates
He is not going against him. He is tell him that way its. The evidence will show he is guilty. He has the opportunity to take a plea that would likely be below what the judge will sentence him too. The prosecutor is giving him a break by not charge him with the other charge, but if you are going to trial why not include all of the charges.
Answered on Jun 28th, 2013 at 7:30 PM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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P.D.'s cannot add charges. The P.D. is telling him, the District Attorney can add more charges. It is called damage limitation. The P.D. is protecting him by trying to reduce his exposure.
Answered on Jun 28th, 2013 at 7:27 PM
Geoffrey MacLaren Yaryan
I'm sure you are misinterpreting the PD's intentions. It sounds like the PD is saying the prosecution will file additional charges if your boyfriend doesn't accept the offered plea bargain.
Answered on Jun 28th, 2013 at 5:23 PM
You get what you pay for.
Answered on Jun 28th, 2013 at 5:18 PM