Legal Question in Criminal Law in Washington

Waving public defense

My cousin was caught having drug paraphernalia in a friends car and has been going through the court process for about 3 years now. He has asked the same judge repeatly to just give him jail time, a fine, communtiy service - whatever he needed to do to take care of it. He stated that he couldn't keep making a new court date all the time due to the fact that the charge is in a different county and it would interfere with his work. This is why he wanted to pay any fee/do the community service, but the judge tells him he HAS to get a publc defender.

This same judge has a history with my unlce (his dad) in which my cousin has no part in. We believe that the judge is making his decesion based on the rocky history with my uncle.

Seeing as it is a misdemeanor, the duration of time since the arrest, and the history involved, is there anything thing that can be done on this his end to bring a close to the troubles?


Asked on 9/16/06, 9:18 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Waving public defense

I am sorry to hear how the case has been dragging on. If the Judge is the problem you can try an "affidavit of Prejudice"--a statement that you believe the judge cannot be fair on the case. You don't really need to give a reason for this although it sounds like you have one. Then you get a new judge and hopefully can resolve the matter. On the other hand, the judge is giving good advice. There really is no harm in having a public defender look at the case. It might be a situation where there is not sufficient proof to convict your cousin and the judge knows that. Why have a criminal record at all? If you have further questions or need further assistance contact me directly.

At your service,

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Answered on 9/17/06, 10:32 am


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