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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92751
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was found to have a conflict of interest with the public

Resolved Question:

I was found to have a conflict of interest with the public defenders office by the judge ,but could not afford an attorney. Judge advised me to do what ever I can, But I am disabled and could not. Make it all short I was told by the d.a office to take 60 days and a few dmv classes. But at sentencing I recieved 760 days in jail suspended 700,(this was not part of my plea)Also I recieved a 4000 dollar fine and (this was not in my plea)And 1 year probation supervised probation which was not in my plea, and I have evidence.I am asking is this grounds for appeal violation of my due process 6th amendment,me not having a attorney and wanting and needing 1 ? And my 8th amendement excessive fines and or sentence? this is my first dmv conviction. Also there was very little if any physical harm.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The judge cannot just remove the public defender for conflict of interest without appointing another attorney. The judge's failure to appoint another attorney to be paid out of the public defender funds would be violation of your 6th Amendment rights to counsel if you cannot afford counsel.

Based on the change of the plea agreement, you also have grounds to vacate the plea for the change in the terms of the plea deal. Both failure to provide you new counsel and changing of the plea deal are grounds to proceed on appeal. You are also entitled to appointment of an attorney for your appeal and again if the court refuses, then it is grounds to file in federal court for violation of your civil rights and seek a federal court order for appointment of counsel.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92751
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Law Educator, Esq.
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law