QUESTION

What can I do if I feel I'm not being represented well?

Asked on Jan 30th, 2014 on Criminal Law - Minnesota
More details to this question:
I got charged for assault of strangulation by suffocation. I was defending myself from my father in law. He came at me with a knife. He lied on his statement to the police. Now I'm facing felony charges. I have a court appointed attorney who is representing me. My question is I don't know if he's properly representing me I guess. Guess I'll start with a brief summary. After I got out of jail, I was appointed one attorney, for 2 months I never got to talk to any attorney until I was assigned my current attorney due to the one the court assigned me to was retiring. Anyways, I got to talk with my attorney, he looked over my father in law's statement and police officers. The police officer said he didn't see anything wrong with my father in law. Later my attorney told me that in no way is he going to allow me to take a plea bargain. Then he asked me if I could get statements from any person on this subject date or anything afterwards. I was able to obtain a statement from my wife where her dad threatened to kill me if I don't get prosecuted, so he admitted to her he lied through his teeth. I also have 2 other people who wrote statements saying the same thing, him threatening me. As I await to go to court, he admitted to them he lied on his statements, threatening to kill me and admitting he stole from me. My lawyer has been asking for a continuance since June of 2013. Today I received a phone call from my attorney asking me if I wanted to end all of this court stuff on my next court date or continue on with the trial that's currently set in place. Exactly how he said it, he never came out and asked if I wanted to take a plea bargain. Far as to my knowledge since June 2013 I have never been offered a plea bargain. Also I found out today, the prosecutor that originally was set on my case is now doing other cases and I'm getting a new prosecutor as well. I'm a little lost, I feel, even though I have about 6 statements against my father in law, it's not enough.
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6 ANSWERS

Michael J. Breczinski
It sounds like your attorney has been paying attention to you since he got the witness statements and is ready to go to trial. The fact that he has asked about pleading means nothing. He is legally obligated to do so. if he does not relay all offers then he is violating the lawyer standards.
Answered on Feb 05th, 2014 at 7:11 AM

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Criminal Defense Attorney serving Huntington Beach, CA at Law Offices of James Elliot McIntosh
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If your father in law made a false statement to the police, then he needs an attorney to assist him in asserting his right not to testify.
Answered on Feb 04th, 2014 at 6:08 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Since I don't know the facts of you case, I can't say whether or not you are getting good representation. As far as prosecutors, its not unusual for them to change out during cases.
Answered on Feb 04th, 2014 at 6:08 AM

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Alcoholic Beverages Attorney serving Troy, MI at Law Office of John Freeman
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When a person uses court appointed counsel, they are not permitted to choose the attorney that represents them. If a problem arises with the current attorney, the court could appoint a new attorney to represent you. However, you do not get to pick the new attorney. The only way you have any choice of attorney is to retain your own counsel. Because of the seriousness of your case, I strongly recommend that you hire an attorney with experience in law of self-defense.
Answered on Feb 04th, 2014 at 6:07 AM

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James Edward Smith
Case are won and lost in trial under cross examination and not based on who can produce the most self-serving statements. This is a serious charge and the prosecutor has a no drop policy. If you don't like your attorney hire one of your own. But if you get convicted of this you'll be sorry you didn't take a plea bargain.
Answered on Feb 04th, 2014 at 6:07 AM

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Appellate Practice Attorney serving Minneapolis, MN
Partner at Anderson Law Firm
You can hire a new attorney.
Answered on Feb 04th, 2014 at 6:07 AM

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