Public defenders for the most part are very good attorneys. However, they are very over worked and carry a large case load. This limits the time they have to handle each case as the defendant may want. The way to overcome this problem is to hire a private attorney. Most private attorneys will provide a free consultation if you ask. Some will discuss the facts of your case with you at that time and let your know what is your best option and an approximate fee. Others will use this opportunity to get you into the office to pressure you to hire them. The best way to fight any criminal charges is to hire a good attorney and follow his advice. What you must do is not talk with anyone about the facts of the case except an attorney that you have an attorney client privilege with.

Answer Applies to: California
Replied: 1/9/2012

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Are you prepared to pay $5,000 to $15,000 to hire counsel (depending on whether misdemeanor or felony DV)? I didn't think so, and I recommend that you work closer with your Public Defender. They often get a bad name reputation as group, but wouldn't you really rather be represented by someone who does criminal cases all day, every day? The attorney will direct the case in the best way to protect your interests, so give consideration to the suggestions made.

Answer Applies to: California
Replied: 1/6/2012

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Make the prosecution prove their case. Take it to trial.

Answer Applies to: California
Replied: 1/6/2012

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You are SOL. Unless you have an incredibly good reason (not that he is too busy to pay attention to the case - youcould probably say that about most attorneys who take appointed cases) you are screwed. But you should write the lawyer, certified mail, telling him you need an appointment to talk to him about your case. He'll see you because he will be afraid you will report him to the bar. But if you have two different people saying you threatened to shoot them you are in deep trouble.

Answer Applies to: California
Replied: 1/5/2012

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Court appointed attorneys are often too busy to give each case the analysis and attention it needs. If you can afford it, I suggest you hire a private attorney to handle your matter. People are often surprised to hear that attorneys can be affordable and many accept payment plans. In regard to your case, if you can get affidavits from the alleged victims stating you did not in fact threaten them; your case could be dismissed.

Answer Applies to: California
Replied: 1/5/2012

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Based on the accusation, it is lucky you were not also charged with criminal threats, which is a strike. Your attorney needs to investigate whether your ex girlfriend have made false charges against others, reasons to conspire against you, etc.

Answer Applies to: California
Replied: 1/5/2012

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That's right. Each Public Defender has hundreds of cases to deal with each month, so you will not get the kind of representation that best serves your needs. You need to find a good defense attorney willing to take your case to trial. DV cases often involve a lot of he said she said, so prosecutors don't like taking them to trial, because 12 jurors have to all be convinced beyond a reasonable doubt. When there is so much he said she said, this becomes difficult. Bottom line, you need an attorney, and it shouldn't be a PD.

Answer Applies to: California
Replied: 1/5/2012

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The answer is, as you have suggested, to get a good criminal defense attorney. There are some very good public defenders, but as you have mentioned, they are very overburdened with cases. That doesn't necessarily mean that they won't do a good job for you, but a good private lawyer should give you and tour case the attention you deserve.

Answer Applies to: California
Replied: 1/5/2012

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Your other choice is to hire your own lawyer. Do not try to represent yourself. If you can't afford a lawyer, ask to talk to the appointed lawyer's supervisor. Last resort is to ask the judge to appoint you a new lawyer this is called a Marsden motion.

Answer Applies to: California
Replied: 1/5/2012

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Your defense would have to be factual based. You should bring the police report with you to another attorney and look at the facts in detail to see what issues they raise.

Answer Applies to: California
Replied: 1/4/2012

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If your unhappy with an appointed attorney, then hire a private one. There is no such thing as a "one size fits all" defense. Everything has much to do with circumstances. No one will be able to say "do a, b, and c" and the case will be dismissed.

Answer Applies to: California
Replied: 1/4/2012

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Your question is too complex to answer in this format. If you are not confident in your public defender you should consult with a good private lawyer. Many will give you a free consultation. Others will accept referrals from county lawyer referral services. But be ready to hire on if you find a lawyer you like.

Answer Applies to: California
Replied: 1/4/2012

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There is insufficient information to answer this question. However many criminal defense lawyers will meet with you for free to discuss your case.

Answer Applies to: California
Replied: 1/4/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should have a conversation with your current attorney. Explain your concerns. If that does not resolve the problem, you can ask the court for another attorney. No guarantee you get one just because you are unhappy with this one. You can always hire one.

Answer Applies to: California
Replied: 1/4/2012

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.