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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102358
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can she get the original charges pressed, not serving any jail

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Can she get the original charges pressed, not serving any jail time, because of her public defender not doing her job and returning any calls or emails about the situation?
Hello and thank you for requesting me.

What is she charged with?

Does she have a prior criminal record?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

She has no prior criminal record and was being charged with larceny. The judge before said that since it was a first time offense that she wasn't going to serve any prison time.

Thank you.

I am afraid that she cannot use ineffective counsel as an affirmative defense to the charge. If she goes to trial and is convicted, then yes, perhaps, but not now.

However, at her next hearing, she can ask the Court to have ANOTHER attorney assigned and explain the situation. The Judge may agree to do so, or at the very least admonish/warn her counsel to be better communicative with her client.

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