Legal Question in Criminal Law in California

Ineffective asst of Counsel / PD - Riverside

I am accussed of a felony, I was assigned a PD, He never once sat down with me to hear my defense, He only tried to get me to plea out. I kept telling him, NO! Then, I--name removed--assign a different PD, Still no sit down to talk over the case. He suts in at my preliminary/ bail reduction hearing and doesn't contest ANYTHING. Even items that contradicted the report and had no foundation! Not only...but he didn't even ASK for a bail reduction for me..(and my co-defendant's lawyer did ask and was given O.R.) She is my--name removed--friend and we have the same charges, My attorney later tells me..''this judge wouldn't have reduced your bail'' - HE DIDN''T EVEN ASK (even after co-defendant just had it granted) throughout the entire prelim he didn't say a word..How do I go about getting a new preliminary in order to exclude unsubstansiated discovery, on direct, to the one lying Los Angeles Cop witness? My arrainment is coming May 31 and I am now being assigned another PD. This has gone on for 2 years! I need help! I never wanted to beleive that the judicial system is corrupt and that the police would ever commit perjury in order to include a statement (which he completely took out of context!) but I am witnessing it all ! Help!


Asked on 5/23/07, 5:00 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Ineffective asst of Counsel / PD - Riverside

Help? With what? You either deal with a 'free' PD, or you hire counsel to defend you. Free advice over the internet is not going to do you the slightest good, since you don't know how to practice law. What did you plan on achieving with your request? Free legal help? That is what the PD does. If you're ready and able to hire counsel, feel free to contact me.

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Answered on 5/23/07, 1:40 pm
Daniel J. Mangan III JuryTrialJustice

Re: Ineffective asst of Counsel / PD - Riverside

If you cannot afford counsel, talk with the PD supervisor.

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Answered on 5/23/07, 2:06 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Ineffective asst of Counsel / PD - Riverside

Unfortunately, we see many letters like yours here on Lawguru.com.

While it is true, as another attorney pointed out, that you get what you pay for, you have a constitutional right to "effective assistance of counsel." In order for you to protect this right, you must 1) not plead guilty to a crime you did not commit, no matter what; and 2) write a letter, certified mail return receipt requested, to Mr. Gary Windom, Esq., Riverside County Public Defender, 4200 Orange Street, Riverside, CA 92501.

Do not email or call Mr. Windom; nor should you write a handwritten letter or a letter that is not sent certified mail, return receipt requested. Be sure to include your name, contact information, case number, and as many details as you can.

If you are in any way unsure about your ability to write this letter, get somebody to help you. Let me know what happens. Good luck!

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Answered on 5/23/07, 3:59 pm


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