Would You Trust a Public Defender

originally posted by: bknapple32
a reply to: JinMI

Does he deserve the time?

My opinion is that he does not deserve the maximum allotted sentence which I'm well away most likely won't be the case. However they are stacking some charges and I realize they could be served consecutively.

He deserves to be punished for the crimes he has committed which would include some time IMO, yes.

a reply to: JinMI

I think at the very least, its worth a consultation. After giving them all the context, and what you truly want out of the outcome. It might not be as such an undertaking as it seems. Most likely it is.... But you never know, especially if all youre asking for is a reduced sentence on something non violent

a reply to: bknapple32

That's my line of reasoning. Even pay for an attorney to look at the case and give me some honest answers would be worth it.

a reply to: JinMI

Go starting having meetings with attorneys you will be surprised at how much info they will give you.

Get 5-6 opinions.

a reply to: JinMI

Here let me clue you in.

What they do is throw everything they can at you knowing you will do anything to get out of the charges including taking charges that don't fit to fill their quota.

They also know for a fact that you do not want to go to prison facing those charges so regardless of weather or not those charges will stick in trial (they put you on trial for those charges so all you have to do is prove the definitions of those specific charges do not fit the crime not actually prove your innocence).

They are trying to force you or your buddy to accept a plea deal to stay out of trial because the state can't afford trial.

originally posted by: JinMI
a reply to: rickymouse

He's guilty, by admission even. However, the charges are quite extreme and there is other context which does not necessarily function within the statute would/could/should provide a lesser sentence.

That is a hard call. I don't know what to say. sometimes public defenders recommend a regular specialist lawyers in that case. If I were him, I would meat with the court appointed lawyer and see what he/she says first, then make up his mind. At around two hundred bucks an hour, lawyers can cost a lot, and they usually quote a minimum price to boot.'

It all depends on the court appointed attorney, some are decent, others are not.

A public defender's sole purpose is to make sure that a defendant's rights are not violated. With that being said, some will defend you in earnest, some are just there for a paycheck and don't care. Some may have their sights set on a career as a prosecutor. There is no correct answer to your question except for my opening line. If you expect any more than for a PD to protect your rights then you are on dangerous ground.

a reply to: toysforadults

You bring up good points and I'm well aware of the game the state (and feds) play with the justice system. The difference here being that the sentence far and away outweigh the time. Either way feels like a huge gamble.

Pay for an attorney = possible less sentence but still on the hook for the bill(s) and still may get sentence (more than likely)

PD= Possible less sentence, lower financial burden on us (not him), still guaranteed sentence

a reply to: JinMI
The best way to use a public defender is to simply be educated yourself on the matter, be confident and not afraid, and simply use the PD as your liaison for the legal mumbo jumbo. I have used a PD before, but I was pretty much doing the talking in court, and simply had her doing the paperwork/legal references.

If his charge is not violent, try not to be intimidated by maximum sentences, especially if he is a first time offender. In my city people caught in possession of coke even on repeat charges frequently get probation. If it was a B&E, there are ways to have it dropped to trespassing depending if he had burglary tools or not, and being able to use technicalities on whether the tools accused as burglary can be classified as such in the instance and other factors.

The biggest variables are did he confess, are his prints in evidence and confirmed, is their surveillance of him committing said crime ??? If all three are accounted for, the fight becomes how much time can we knock of. Absent any combination of the two, there are high probabilities we can significantly reduce time served, reduce the charges themselves, or get the case thrown out. I will ask this, is he facing a maximum of up to five years for this non violent crime, or up to fifteen??
a reply to: Bluntone22
In my jurisdiction, a PD only costs $50 if you qualify. Which means if your basically not making at lest $50,000 a year, you will qualify and pay only $50.

a reply to: JinMI

Oh you have a Fed case different strategy.

Keep firing PD's until you have a conflict of interests with the PD's office and they have to assign you a state attorney (an attorney that's donating his time to fulfill a requirement)

Look into it.

a reply to: JinMI

They have sentencing schedules, look up your's for MI.

Example:

If he's a first time offender = automatic minimum.
2nd time = 30% of max
3rd time = 50% of max
4th time = 80% of max
5th time = Automatic maximum

Figure out his conviction record and plug it into the schedule to figure out what he is looking at most likely.

originally posted by: toysforadults
a reply to: JinMI

Oh you have a Fed case different strategy.

Keep firing PD's until you have a conflict of interests with the PD's office and they have to assign you a state attorney (an attorney that's donating his time to fulfill a requirement)

Look into it.

That's a good plan actually.
Pro Bono attorneys are far better than a PD in most cases.
Some of them are just taking Pro Bono cases because they are so poor that they cannot get clients any other way though. So be careful what Pro Bono attorney you accept, check out their record and reviews if possible.

originally posted by: toysforadults
a reply to: JinMI

Oh you have a Fed case different strategy.

Keep firing PD's until you have a conflict of interests with the PD's office and they have to assign you a state attorney (an attorney that's donating his time to fulfill a requirement)

Look into it.

No, not a fed case.

a reply to: muzzleflash

Those are the ones who fight the hardest.

a reply to: muzzleflash

Thanks for that.

They have no previous felony record.

a reply to: JinMI

You can create a conflict of interest with the PD office and get a Pro Bono attorney in State courts.
It's a really good idea, they are generally much more effective and expedient than PD's.

a reply to: JinMI

What state are you in? There are a lot of really good public defenders and a lot that don't give a care. However, the same is true for all criminal defense attorneys and really any profession.

Ask around the courthouse if the one he/she was appointed is a good one. Ask probation officers and clerks, they are most likely to be honest.

If you decide to hire a lawyer, make sure they specialize in criminal law. Also, ask around. Most people have had a friend or family member get arrested and they can refer you to someone they thought was good.

Lastly, he can always change his mind. Meet with the lawyer and see what his game plan is for the case. Don't judge how he thinks it will come out but how he plans on attacking it. Many lawyers will tell you they'll beat it and you'll find yourself locked up. Just because the guy thinks it's a tough case doesn't mean he's not a good, zealous lawyer.

originally posted by: JinMI
a reply to: muzzleflash

Thanks for that.

They have no previous felony record.

He is probably going to get a probation offer than.
He may have to do a little time but it's very probable probation is coming.

Stay on him to fulfill his obligations or else he will get stuck into the system.

In fact, he may choose to just flatten the sentence and sit it out for a few years.
That way when it's over it's over.

If the guy likes to party and has questionable buddies than it's very likely he will violate probation and end up stuck in a cycle of violations and reinstatement and then finally if he can't stop getting in trouble, it would get revoked then he'd have to go serve that sentence laying down on a cot anyways.

Discuss this specifically with him so he can think about which route he thinks he can end this quickest with. Make sure he's honest with himself about if he "might" violate probation (drinking, drugs, hanging out with wrong crowd, not paying fees or taking required courses, etc).

a reply to: muzzleflash

Takes a while and you need legit reasons. It's a for real strategy though.

a reply to: toysforadults

There are risks to that strategy. If you piss off the judge enough he could end up forcing you to defend yourself or appoint you the worst lawyer he can think of. I think it should only be done in an emergency.