Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis Samuel and I will discuss this and provide you information in this regard.I suggest you first want to discuss this with your current PD. If they will not motion to have a hearing on the issue, then I suggest you talk to the Supervisor and explain how you feel there is a conflict and request they ask for the hearing.If they do not agree, then I suggest you write a letter to the Judge. In the letter make a request to be heard on having new counsel due to a conflict of interest where you do not believe the attorney can represent your best interests.A copy should be sent to both the lawyer you want removed and the prosecutor. Make sure both copies and the original which goes to the judge are sent certified mail and return receipt requested. And keep a copy for your records.
This letter should state you want the present attorney removed from his case and why. I suggest you list all problems that you are having with the current attorney and the conflict of interest. Be sure to note that because of the listed Conflict of Interests you do not believe that your best interests are going to be served and that under the 6th Amendment to the US Constitution you are entitled to have the proper representation.
The letter should be kept short and to the point. Be sure that it is truthful and you can support your reasoning.
I suggest the best way to begin isAddress it toThe Honorable Name of JudgeName of CourtRe: Request for new Public Defender based on conflict of interestDear Judge NAMEI am writing to request a new public defender in case. I have discussed this with my current Public Defender and Supervisor to no avail.However, I am making this request for the following reasons:1 Begin to list the reasons AND
2 Continue with this enumeration UNTIL3 you have listed all the reasons.I humbly request that this Honorable Court rule in my favor and order a new Public Defender be appointed. Under the 6th Amendment of the US Constitution I am entitled to the best defense attorney available and I do not believe the current Public Defender, based on the facts listed above, is able to represent my best interests.
Certificate of ServiceThe Foregoing letter was mailed certified to NAME OF CURRENT Public Defender address and to NAME of PROSECUTOR address on DATE they were mailed.Sign it.
Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.Thank you