Legal Question in Criminal Law in California

Incompatent Public Defender

My fiance's public defender with held vital information regarding a witness seeing him a block away from crime scene. The witness discription was of a very tall man, 6'3'', husky, greyish blondish hair, brown boots, he even testified in court and pointed out my fiance that ''it looks just like him''. The public defender knew before hand that the person who was at my car ( I had ran out of gas) was my father, very tall, greyish blond hair etc.. My fiance is 6'1'', very thin, about 160 lbs, dark brown hair, never has owned brown boots. there were several other important facts that he should have mentioned but never did even though we repeadly told him to . my fiance was found guilty of possession of stolen property. Convicted with NO FINGER PRINTS, NO FOOT PRINTS, NO WITNESSES, in jail on no bail for 30 days, I have repeatedly phoned the p.d for an appeal, wont return my calls, etc....isn't there something we can do? my fiance could go to prision for 3 years, he had nothing to do with this. nobody will talk to me, do the d.a and p.d work together? why would he not tell the court this information?

thank you for your time


Asked on 12/26/06, 12:08 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Incompatent Public Defender

Assuming your question comes post trial? A motion for a new trial is a necessity and may be based on new evidence...insufficient investigation, etc...I am unable to determine the merit of these as I do not know all the facts presented at trial, nor all the facts of an ivestigation for the client. ( what prperty, where was it, who had access, statements...etc...) Perhaps the single easiest way to be convicted of crimes you did not do is the "eyewitness ID" case..

Also, it may be best, if not imperitive, to hire outside counsel ASAP to do the motion.

Best

DJM

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Answered on 12/26/06, 12:25 pm


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