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Attorney Wendy
Attorney Wendy, Lawyer
Category: Legal
Satisfied Customers: 6625
Experience:  Member at Keefer & Keefer LLC
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I'm charged with a felony domestic violence. Because of the

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I'm charged with a felony domestic violence. Because of the number of extenuating circumstances I pleaded no contest to a felony probation charge. My wife is now willing to actually tell the truth and I have her medical reports for clinical psychologist. I'm in the process of requesting the judge to withdraw my plea. The judge has granted me a hearing scheduled for next week so I went to see the public defender today my wife unexpectedly showed up to recap the story she gave to the police and they told her an investigator would be speaking to her. They put her in the waiting room but he was within clear earshot of all of my conversations with the public defender. She found my testimony to be it's been upsetting and left the public defender's office. When I exited the office I did not see her in the waiting room and naturally assumed she was meeting with the investigator. He called me later extremely upset distraught because she heard everything that I had told my attorney for public defender. Prior to being put in the wedding room they brought her into the attorney meeting room and ask her if she was there 2 recap her testimony. I didn't do anything wrong but I feel my attorney-client privileges were violated and now everything has changed as a result of
JA: What were you convicted of exactly? Have all your appeals been exhausted?
Customer: Read my message to you
JA: In what state did the domestic violence occur?
Customer: California
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Attorney-client confidentiality was violated. I'm charged with a felony with my wife being the victim and she went to the public defender's office and they positioned her where she could hear every damn thing I said. What recourse do I have at this point

Hello. My name is Wendy and I am an attorney. Attorney-client confidentiality is critical to the working relationship between attorney and client. The first thing to consider - and it won't undo your wife's having heard the communications - is to speak with your public defender about this incident and your concerns. The next - if you are permitted to do so (no restraining orders are in place and you two can speak civilly) - is to speak to your wife about her position relating to your pending motion to withdraw your plea. Because this situation was created by the actions of the office of the public defender (if I am understanding correctly what happened), I would ask your attorney how they plan to best represent you and have the best chance of success in this matter given the fact your wife may now be upset as a result of hearing what should have been confidential communications.

I hope this information helps. If you need additional assistance, feel free to reply to this message. I will be away from my computer off and on today and will respond to any follow-up questions as soon as they come to my attention. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer: replied 10 days ago.
Thank you for your response December 5th is the date when I could be sentence or have action taken on withdrawal of my plea bargain. I believe there's an act it's called a Madras or something like that. Is the public defender has breached Trust then I should be entitled to alternate public defenders. Either way how can I bring this up to the judge because I don't even trust the public defender at this point because they're going to do what's necessary to cover their own rear ends so to speak. Anyway have a great Thanksgiving and I look forward to hearing from you thank you

One option is to ask for a new attorney to be appointed for you due to concerns about confidentiality of your communications with your existing attorney. There are no guarantees the judge will grant that request but it is a reasonable request. Writ of mandamus is a method to seek a court order ordering a public official to take some action.

The other option is to ask the office itself if it can transfer the case to another attorney in the public defender's office.