Legal Question in Criminal Law in California
I have planned to report my attorney to the State Law Board for several months, but since I'm involved in a DUI case, I thought I would wait until it was over. This law firm NEVER defended me in any way. The firm's owner told me he would defend me himself and try the police of this town in a civil case because I was beaten up by them. I always had an exellent driving record, never had an accident that was my fault. I've lived in many states for my career and I was always "labeled" a Good Driver. Not only that, but I was leaving the hospital where I take 3 to 4 hour iron infusions for anemia which is a side-effect of a chronic illness I've had for many years. I've been doing this since 2005; I have all the reports from that department showing I always get the same pre-medications before the infusion, and always the same dose. There are legitimate reasons for my accident but it is too complicated. Anyway, I went to court every week for 14 months now and each time, I'm surprised about who is going to show up. The owner sends all his attorneys, barely the same one twice, and I've only seen him once which was last week. All they've done is try to push me to take the DA's plea bargain, which I can't. They are all lies and I have proof of everything I say, but none of the lawyers want to get involved. I asked for a jury trial and this is where we are now, except, if I represent myself, with a public defender backing me up, do I write up an ANSWER now to the police reports (which I wasn't showed for over a year.) AND the cops had DVD's I found out about after a year. My attorneys saw the DVD's, read the made up police reports, even though I kept telling them I can prove every item they claim WRONG. Today I received a copy of a formal (on pleading paper) withdrawal from my case, which I knew he would do because he heard I was filing a report with the State Bar; showing proof of several different agreements he wrote up and kept changing them. I did not sign them. Meanwhile he stole from my atm (remembering my number) $3000 more while at his office. This was confirmed by my bank. A total of $8000, when the original agreement states $300 for the DUI and $5000 AFTER THE DUI CASE. For a civil trial against the town. That's another complicated story. Believe it or not, I became a paralegal while on disability,but don't remember what paper to use; am I supposed to file an answer or is it too late. In Civil trials I read that the defendant files an answer to the Plaintive's charges. I really need some help. I go back to court on the 15th. Thank you
1 Answer from Attorneys
Your complaints against an attorney for neglect can be made to the State Bar as you indicate, and you can seek refund of fees as appropriate. You still must defend the criminal charges of course. You do not get to have the Public Defender "back you up". They either represent you or they don't. If you can afford to hire a new private attorney, do so, otherwise let the PD do their job. If you have to ask such basic questions, it is clear you are not knowledgeable enough to effectively represent yourself against a DA intending to convict you, nor knowledgeable about the weight of evidence against you and the range of potential plea bargain outcome. If you won't accept whatever plea bargain is finally offered, you can always go to trial and bear the risk of mandatory sentencing if convicted. If serious about hiring counsel, and realistic about the outcome and risks of your case, feel free to contact me.
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