How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110574
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I was found to have a conflict of interest with the public

This answer was rated:

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.
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.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 2 other Legal Specialists are ready to help you

Related Legal Questions