Legal Question in Criminal Law in California
If you know you have been setup, yet your public defender refuses to listen to anything you have to say to show this information, threatens you in court, tells you go ahead go to trial, a life case will look good on my resume', and scares you into accepting a plea, do you have any legal recourse to have them replaced and get your plea reversed so you can get an attorney who is actually going to help you?
2 Answers from Attorneys
You can always fire your attorney, but if you did not have the money fro an attorney then, how are you going to afford one now? You could ask to see the chief PD and find out if you can withdraw your plea, but you need to do so immediately.
Once you plead and are sentenced, the case is over. Your complaints should have been raised timely, before pleading, and you should not have pled. The PD office is simply not going to be interested in listening to your claim now. You could hire an attorney to file a motion to try to set aside and withdraw the plea for 'good cause'. But, make sure you understand the reality that, if your motion is granted, there will be NO further plea bargains offered by the DA. You don't get a 'do over'. You would simply have to go to trial with your new attorney. If convicted, you then risk sentencing to the full term provided in your charged offenses. Now, if you are ready, willing and able to hire counsel to do this, feel free to contact me.
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