Legal Question in Criminal Law in Georgia

failure to file motions in a criminal case

if a public defender finds a case repugnant to him or her and fails to file motions, proceeds with the DA, curses the client and be willfully hostile to family members and after making his actions known to the governing committee and to the judge. colud you consider that his attempt to plea bargain to be a valid one and since a hearing has been scheduled for new council is it safe to be hopeful for fair council. the public defender has been very relaxed in his efforts to defend my son as my son had problems in the past. i was concerned that i may have information that could be helpful to him into his behavior over the past few years and was thinking that i may be able to do intervention concerning a drinking problem that became more aggressive after the death of his girlfriend on the USS Cole Navy ship in 2000. the PD was very hostile and told me that the DA was interested in Rehabilitation and assured me that he is going to prison. now i don't know that much about law but i do know that when my son approached him by phone he cursed him out and during that time my son tried frantically to reach me by phone to no avail because my phone was not set up to recieve long distance as i am 300 miles away. what can he do now?


Asked on 2/21/07, 11:59 pm

1 Answer from Attorneys
John Jackson Law Office of John A. Jackson, P.C.

Re: failure to file motions in a criminal case

It depends the public defender might have legitimate reasons for not filing motions and he may have good reasons for a plea bargain. Taking the plea is up to your son. If he does not like he should not take it. However, this way too complicated of a subject to discuss on a bulletin board. If your son feel that he is not getting adequate representation he should contact the state bar or a lawyer who practices attorney malpractice.

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Answered on 2/22/07, 12:03 pm


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