Legal Question in Criminal Law in Texas

Q. re Public Defender NOT representing client adequately

How do you get a court to appoint a new public defender if the defendant has asked the court to do so and the court has declined? The defendant in the matter proclaims his total innocence, but the PD is trying to coerce him into taking a plea bargain for a crime he did not commit. The PD is young, inexperienced, has apparently done NO discovery or investigation, believes the client guilty, has said so, and is friends with the DA in the matter. The plea bargain would most likely result in prison time of 8 yrs or more, and going to trial in a week, for a trial the PD said will take a day or so to do, could result in up to life in prison and the young man in question ADAMENTLY professes his innocence and refuses to take a plea bargain because he did not do the offense. I am not a member of that family, but have known this young man since he was 4 or 5 years old.... the charges are serious, but, knowing him as I do, DO believe in his innocence also. There is NO WAY the family can afford any private legal representation. Is there not an obligation on the part of ANY attorney to recuse himself from a case if he can not adequately defend his client and participate fully in his defense? Thanks..... Trial date is set for 12-06-04.


Asked on 11/24/04, 5:14 pm

1 Answer from Attorneys
Chris Abel Law Offices of Joshua Wintters & Associates

Re: Q. re Public Defender NOT representing client adequately

It is highly unlikely that an attorney would coerce a defendant into taking a plea if it were not in the defendant's best interest. A prosecutor's job is to seek justice. Adefense attorney's job is to seek the best outcome for his client. If the defense attorney recommends a plea bargain, then it is likely in the defendant's best interest.

Read more
Answered on 11/24/04, 10:57 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas