QUESTION
My attorney nor the DA has not given me any details on my case such as evidence. Should I have to ask?
Asked on Feb 16th, 2016 on Felonies - Tennessee
More details to this question:
I was wrongly accused of identity theft. My public defender nor the DA has contacted me, providing me with any possible evidence against me. My public defender treated me poorly in our first and only visit, and isn't even trying to build a defense for me. He has made me feel as if I have no choice but to plead guilty and take a pleas bargain even though I know I am innocent. But I do not have the means to afford an private attorney, nor do I have any proof that I DIDN'T commit the crime. Any advice on what I should do? I have never been in trouble in my life and I' m honestly scared and confused about the whole process.
1 ANSWER
The assistant public defender that you are working with is under an obligation to file a request with the state to provide all of the evidence against you and is under an obligation to show you all of the evidence. The burden is not upon you to prove your innocence. The burden is upon the state to prove your guilt. You are more than likely being represented by an assistant public defender and not the actual public defender. Go to the public defender and voice your complaints. If this does not get you anywhere, you can notify the judge about your complaint. If you are not guilty, then don't plead guilty.
Answered on Feb 16th, 2016 at 8:51 AM