Legal Question in Criminal Law in California

unethical DA

My brother has 8 felonies charging him w/sexual assualt/burglary etc. The accuser's inconsistencies are documented and there is evidence to prove consent. His attorney says he will win a trial, the prelim finishes up next week and again she's changed the story. He has 60k in legal fees and has used up all his equity in his home for a bail bond and put 80k on credit cards. We believe the DA is going to hold out for a plea, the accuser will make a terrible witness but his attorney is holding back on evidence in order to win the trial. The local paper is filled with stories of innocent people in the county winning trials or getting charges dismissed last minute due to the DA's office refusing to look at the real facts, including the Mark Karr case. There is also evidence another DA, not on the case possibly helped the accuser to create more charges as a favor to a mutual friend, then passed on the case. How can he end this before a trial? Should he go to the attorney general? Can he switch to a public defender?The attorney was paid just to the prelim. All of the investigation has been done to win the case.

Thank you for your time.


Asked on 5/03/07, 2:41 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: unethical DA

Not personally familiar with your county , but the reputation is that the DA is very aggressive. If your question is...since your brother is no longer able to afford counsel will the Court appoint the public defender..the answer is yes.

DJM

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Answered on 5/04/07, 12:36 am


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