Legal Question in Criminal Law in California

I have an on going case of poss. sales, transport, parafan. I had a prior conviction 20 yrs ago. On this new case I was granted pd by the state of ca. I have requested info on search warrant, informant, as well as other information that possibley can help my case. The pd had been working on this case since may 09. i do not have a clue as to where i stand except for the fact that im looking at prison time. On 10.15.09 PD transfers, still remain in the dark, and the court sys. moves up court date one day without any type of contact with me. Wanrant could have been issue but a friend on mine called me just in time for me to show up. If this is what it means by having the right to representation and a fair trial? Basically it over? im without money. Why fight it? how do I go about obtaining excellant representation like the professionals that are at this site.and that will take pro bono case. or I will work for trade. secretarial skills, AP,AR, phones. Is this the impossible?

Asked on 10/16/09, 4:19 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

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If you feel you are not receiving adequate representation by the Public Defender, you can make what is known as a Marsden motion. The judge will clear the courtroom, and only you, your attorney and the necessary court staff will remain, so you can explain what is wrong without informing the DA of things that might affect your defense. The judge will then decide whether the attorney-client relationship is so broken that you need a different attorney.

Lawyers are like doctors, plumbers and most other professionals -- we have nothing to sell but our time. Just as you couldn't afford to go to work without getting paid, most of us can't afford to take cases on a pro bono ("for good" in Latin) basis. Some lawyers donate time to groups like the Innocence Project, but are unlikely to give free legal services to random people who call on the phone.

Trading legal services for secretarial work isn't a good idea, and I don't think many attorneys would agree to that kind of arrangement. I have a duty to protect my clients' files against accidental disclosure of confidential information. Attorneys can also be prosecuted if they reveal the address or telephone number of a victim or witness to a client, so a lawyer would have to have safeguards that kept you from accessing your own file.

Answered on 10/16/09, 5:20 pm

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