Legal Question in Criminal Law in California

I'm in Westminster Court in Orange County Ca. I have a DUI case I am fighting. My public defender will not ever get back to me; I've called over 6 times. I asked her to look into a wreckless driving and she said it was as bad as a DUI;; I wasn't talking about a WET wreckless, but a dry one. She omitted that in the conversation. I've had brushes with the law before but have never had a DUI.

She has also stated that shes going to arrange a hearing to suppress evidence (the police said I was TEXTING while riding my scooter; that's their reasonable cause for pulling me over). She said I don't have to be present for the hearing but I insisted that I be there. - hence the half dozen calls she hasn't returned. I cannot shake the feeling that she doesn't have my best interest in mind. I get the feeling that she has catagorize3sd and classified me- and the fact is I am NOT guilty of the charge. I am on informal probation and will have THAT to deal with if she messes this up. I'm basically terrified even though I didn't do what they are saying.

Can I/ SHOULD I get another attorney? I cant afford a private one- but I feel I shouldnt have to get subpar defense because I cant afford a private attorney.....


Asked on 7/16/15, 6:03 pm

2 Answers from Attorneys

Joshua Hale Hale Law Group

Defense is often what you pay for unfortunately. Remember private attorneys should not have to work for free, as we work very hard to help you out of situations we did not create.

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Answered on 7/16/15, 8:12 pm
Steven Mandell Law Offices of Steven R. Mandell

OK. I can't address your issues individually because there are 2 sides to every story and I don't know all the facts, but I can TELL YOU WITHOUT HESITATION that your Public Defender HAS YOUR INTEREST AT HEART, and in her mind, even though she's so busy she can't call you back. She's making a motion to suppress the evidence in your case which, if successful, could lead to a dismissal of the charges. Would you like your charges to be dismissed? Of course you would. The fact that she's doing that speaks volumes about her dedication to criminal defense work AND YOUR CASE SPECIFICALLY and you should be THRILLED to have her as your lawyer. There is a California case called People v. Spriggs which says that not all cellphone use is a violation of law (talking on the phone with the phone to your ear or manually texting - those are illegal). But you can use Maps, you can make and receive telephone calls HANDSFREE, you can hear email read to you and you can send email if it's dictated to Siri HANDSFREE, and you can use many apps without breaking the law. So she's challenging the cop's determination that you were using your phone in one of the illegal ways as opposed to one one of the legal ways. IT DOESN'T MATTER WHAT YOU WERE ACTUALLY DOING (if it seems like I'm yelling, it's because I am. These are critical points and I can't take the time to explain why they're important, but they are.) IT'S ABOUT WHAT THE PROSECUTOR CAN PROVE. It's counter-intuitive, but it's the way the system works. Print this answer out and show it to your PD next time you're in court with her. Ask her if I'm right. That'll be a substitute for talking to you all those times she couldn't take your call. I have made many motions to suppress evidence in my cases in situations just like this, and I've won some and lost some. Every case is fact-driven. But ask the people whose cases were dismissed if they're happy that I made the motion. Duh... You may not win, but she will also be creating leverage for your case that she can bring to the negotiating table to get you a better deal than if she didn't make that motion. Your are one luck SOB to have this lawyer! Good luck. Attorney Steve Mandell, Santa Monica (42 years in practice)

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Answered on 7/17/15, 9:35 pm


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