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I was arrested on July 4, 2017 and charged with AGG assualt…

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I was arrested on...

I was arrested on July 4, 2017 and charged with AGG assualt with a weapon without intent by my daughter DXXX XXX  whom I had gotten a restraining order dated 2/12/20107. When the officers were questioning me, no reading of my miranda right were ever read, I showed them the restraing order, but they wouldn't look at it. The court had spelled her first name wrong. The attorney I was appointed is not adequately representing me and I've filed a motion for adequate counsel 11/2/2017. I hadn't heard anything. 11/21/2017 I called Judge Sites office and left a message. Ms. WaXXX called me back and I told her I had not heard anything. She replied I'm giving it to him right now. She told me He may not rule on it. Said quote" You can always hire a private attorney". I told her If I had the money I would. Is this accecptable? She also told me that if he ruled on it, he would tell me at pretrial Dec.12, 2017. I also had a pretrial hearing Oct.31, 2017. That's the first time I had ever seen the attorney. I had called several times to speak with someone and all they would tell me She would see me in court. When she called my name in court,we went outside and the State had made me an offer. 6 months probation and 2nd degree misdomeanor. I said No Thanks!! All she had with her was a pad and pen, not even a folder. Is this normal?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Polk County, Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

I talked to one and she told me that the cost could be over $7000.00. I can't afford that. We are senior citizens, living on a fixed income.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A Judge has since issued an order changing the spelling of DXXX name and made it retro active to 2/12/2017 Thank you

Submitted: 4 months ago.Category: Criminal Law
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Answered in 2 minutes by:
12/3/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,005
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post and will be working on your reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago

Your experience is not abnormal.

Public defenders have very heavy caseloads. They tend not to be available for questions and hand-holding between court dates. They are in court all day, every day and don't have the privacy to deal with calls from clients or their concerned family members. They tend to deal with questions and concerns on the court date and are notorious for not returning phone calls in between.

If you are indigent, there's a right to a free attorney when you're charged with a criminal case, but there's no right to the free attorney of your choice. It is true that if you want to pick your attorney, you can hire any private lawyer you can retain. But you get the public defender who is on top of the assignment list on the day you are appointed your attorney.

The judge does have the discretion to remove your public defender and appoint you a new one. Typically, if there's a bad fit between a client and his lawyer, he will make one switch of assigned counsel, but this is not always true. If for whatever reason he insists you must keep your present lawyer, you have grounds for an appeal later if that lawyer's ineffectiveness costs you this case.

It is every criminal lawyer's professional obligation -- whether he is public or private -- to present his client with every plea bargain offer that the prosecutor proposes. By making you the probation offer, the lawyer is doing no more than her job. If you choose not to take it, that's your right to turn down a misdemeanor offer with a guarantee of probation in order to eventually go to trial on a felony.

If you fight the case, your lawyer will be able to get a hearing on the issue of whether your Miranda rights were violated. A Miranda violation will not get your case dismissed. But if you win the hearing, any statements taken in violation of your rights cannot be used against you at tyour trial.

The misspelling of your daughter's first name is ***** ***** legal consequence in this case. It will be/was seen as a transcription error and just gets corrected.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 4 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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