Legal Question in Criminal Law in California

is there any people that would assist if someone has to go pro per...because the pd is stone walling the defendent in what seems to be malicious prosocution. the defense is very strong and has tons evidence to show he was within the law.


Asked on 8/13/12, 6:03 pm

3 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

Your question lacks clarity.

A PD (or Public Defender) is essentially a "pro bono" attorney if the defendant can qualify for their service - they are paid by the County not the client. I don't understand what you mean the PD is 'stonewalling the defendant' ... his own client? You are looking for an attorney to assist a client against his own attorney?

I don't understand your reference to malicious prosecution and the PD. You mean the DA? The District Attorney, the prosecutor? I believe you will need to post again ... unless someone else can make sense of what you are asking.

Otherwise, post again with more details and fewer abbreviations. The short answer is, in a criminal case, the defendant has the option to hire a private attorney or to go with the services of the Public Defender, if s/he can qualify. Good luck!

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Answered on 8/14/12, 9:42 am
Terry A. Nelson Nelson & Lawless

Private criminal counsel do not work 'pro bono', that is what the Public Defender is paid to do by our taxes. If you can convince the PD's office in your case that your assigned PD is not able to get your full cooperation, then a new PD might be assigned.

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Answered on 8/14/12, 11:45 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

If you are unable to communicate with you public defender you may make a Marsden Motion. The judge will ask you to explain the situation, give your public defender a chance to reply and then if the judge agrees with you appoint another lawyer to represent you.

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Answered on 8/14/12, 9:35 pm


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