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AttyDort
AttyDort, Litigation Attorney
Category: Criminal Law
Satisfied Customers: 96
Experience:  Criminal and Civil jury trial expeirence; 17 yrs exp in state and federal courts.
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PUBLIC DEFENDER WANT ME TO TAKE A PLEA I DID NOT DO THEY

Customer Question

PUBLIC DEFENDER WANT ME TO TAKE A PLEA FOR SOMETHING I DID NOT DO THEY TRYING TO CHARGE ME WITH CONSPIRACY OF IDENTITY THEFT THE ONLY EVIDENCE THEY SAY THEY HAVE ON ME IS A PHONE CONVERSATION THAT I NEVER FOLLOWED THRU ON .
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttyDort replied 1 year ago.

Great Question. I used to work for the public defender office in a county. I will give you some good info. Give me a second.

Expert:  AttyDort replied 1 year ago.

Rule #1: You have the right to a jury trial on all misdemeanors and felonies no matter what your public defender says.

Rule #2: Your public defender is required by law to do what you want to do, not what he or she wants to do.

Rule #3: You can fire your public defender.

Continued...

Expert:  AttyDort replied 1 year ago.

The best way to fire your public defender is to hire a private attorney that you choose. The court will give you time to do this if you ask. Your public defender cannot stop you from hiring a private defense attorney.

What if you cannot afford to hire a private attorney? You have to tell teh court that your attorney will not do what you want, and ask for a new public defender. Technically, it is called a "Marsden Motion". Once you ask for that action, the court must review your request.

Rule #4: The court cannot take a guilty or no contest plea form your without your consent. It is impossible. All you have to do to stop the plea agreement is to state in open court "no, I do not accept this deal and I want a trial."

Expert:  AttyDort replied 1 year ago.

You can ask the court for time to find a private attorney. Usually, the court will allow it because the county does not want to pay for your public defender if they do not have to.

Having said all of that, you have to consider what your public defender is telling you. He/she is probably an expert on that court and that case. They have way more experience handling criminal cases than you. Your public defender may be telling you: 1) you have some bad facts here supported by the evidence; and/or 2) the law is not in your favor; and/or 3) "in my opinion if you have a trial on these facts and this law you will lose, and you may end up with more of a penalty than if you accept this plea agreement."

I suggest you consider all of this, and then read my article on 7 questions to ask your public defender before you accept a plea agreement:

http://trafficcourtpros.com/blog/6-questions-you-should-ask-your-public-defender/ ;

and How to Fire Your Public Defender:

http://trafficcourtpros.com/blog/fire-public-defender/

I wish you luck,

C Dort

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