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My girlfriend was charged with a criminal offense and is…

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My girlfriend was charged with...

My girlfriend was charged with a criminal offense and is using the local version of the "Public Defender" as her attorney. This particular case is a misdemeanor, but it relates to a felony conviction she got about three years ago. She is looking to fight the charge as she is not guilty, the evidence is bad and fxxxxxx, and there are many avenues to dispositive information that her attorney does not want to pursue or is too lazy to do. Question: how does my girlfriend (or better yet, me) make her lawyer do as she is being told? How do we make her lawyer follow her orders?

Submitted: 7 months ago.Category: Criminal Law
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Answered in 13 minutes by:
1/11/2018
Criminal Lawyer: Bill Attorney, Lawyer replied 7 months ago
Bill Attorney
Category: Criminal Law
Satisfied Customers: 2,806
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Dear Customer ,

Thank You for posting your criminal law question today. I'm attorney Bill assisting you with your question in relation to effective legal representation.

Your girlfriend is entitled to request the appointment of another pubic defender by putting this request the the public defender's office/ court. She needs to set out why and how she isn't being afforded effective representation and the office has the power to allocate her a new attorney.

Alternatively she can request to proceed as her own attorney and the attorney to offer and work as an advisory role so that she can build her case the way she wants. This request needs also to be made to the court and it isn't uncommon for the attorney to work in an advisory capacity as the client proceeds with her own representation.

We are here to help, so please follow up with me as required.

In return remember to rate my answer and response positively today.

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Customer reply replied 7 months ago
The main problem is that my girlfriend's attorney, a "Private Defender" (San Mateo county in California uses these instead of "Public Defender") and a woman, does not want to investigate or dig around. Some really wonky things happened that are causing this case to be much more difficult to deal with and are prolonging it. I will refer to my girlfriend as "Ms.T" and her attorney as "Ms.M".Ms.T was convicted of selling drugs and was sentenced to prison time in San Mateo (prison is now jail around here, so it is a little odd). So she serves time, is released on probation, is doing OK, she gets raided when she was NOT selling any drugs, they didn't find anything as there wasn't anything to find, but they allege that they found some old pills (a couple hydrocodone they claim) and have charged her with misdemeanor possession. She FINALLY got SOME of the discovery that she has been demanding of Ms.M, and it is VERY interesting. Much of the information contained is certainly fabricated. And some very odd things happened during the raid. The building is laid out as a duplex but from the inside, so when the cops searched, they searched the whole thing even though the upstairs, which has a seperate entrance and such and is occupied by an entirely different household was also searched and stuff was found there CLEARLY belonging to other people not her. She was not charged with possessing any of the items that were found there, but those people were initially charged (ticketed and released, not arrested) and those charges simply "went away". Most interestingly, some papers given to the head of household upstairs and the cops came back the next day and demanded those papers back and they were given upo before she could really see them. [edit: had ton cut this description off; theren is more to say here, but the essential question remains.]
So, how do I get her attorney ton investigate what I am describing [and the stuff that hasn't even been described above yet] and not just try and get her to take a lousy deal? In other words DO what she wants and not just take whatever deal?
Thanks.
Criminal Lawyer: Bill Attorney, Lawyer replied 7 months ago

Yes well if the attorney was allocated by the public defender's office she needs to submit a request for a change; if the attorney was hired privately she can dismiss her attorney and hire a new attorney.

In relation to the raid after she was released on probation the evidence can be challenged if it was conducted without a search warrant.

The papers that were given up if material to her defense can be requested by her attorney under the laws of discovery as she is entitled to view the evidence the prosecution will bring before the court; similarly this evidence can be challenged if seized without a legal warrant or under search and seizure rights.

The attorney can file a motion to quash and suppress the evidence.

remember to rate my answer and response positively today.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated.

Thanks

Attorney Bill

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