Legal Question in Criminal Law in Florida
My public defender problem
My public defender is not working on my case and I can't afford to hire a lawyer. What recourse do I have before I go to court? They are sending every one to prison here.Please help me.......
3 Answers from Attorneys
Re: My public defender problem
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Public defenders are often overworked and have to divide their time between hundreds of cases. They obviously cannot give you the same attention that a private attorney would give. If you cannot afford to hire private counsel, your only other option is to provide your own defense.
Scott R. Jay, Esq.
Re: My public defender problem
I was a public defender for 8 years. I am sure your public defender is working on your case. He may not be doing what you want, but he or she knows what to do. A public defender wont try a case unless he is ready. You can try speaking with your pd to discuss your concerns. You can write the judge about your concerns about the lawyering. Beware I have never seen a judge remove a lawyer at a client's request based on perceived ineffectiveness.
Re: My public defender problem
I too was a PD....for 5 years. How do you know your PD is not working on your case? Have you spoken to him/her? Have you asked what the theory of the defense is going to be? Do depositions need to be taken? What's the litigation strategy?
If you are not getting satisfactory answers (even though they are PDs they still must communicate with you since u are their client), then you should write a letter to him/her indicating your concerns. That will lay out the groundwork if you need to file a motion for ineffective assitance of counsel later.
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