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  #1  
Old 08-15-2017, 01:05 AM
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Default Lawyer said "see ya"

Does anyone know what happens in a case where someones public defender quits? Apparently there was a strategy underway and T thinks he's screwed. I know they cant leave him without a lawye but possibly the work that was put into the way they were going to to things might be lost! The guy was a d*** but we had heard he was pretty good at trial. Now what?
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Old 08-15-2017, 05:56 AM
CenTexLyn CenTexLyn is offline
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If he truly departed the case, then there will be new counsel appointed. New counsel will take the necessary steps to get file materials from the previous attorney.

Not every case is a good one to take to trial. And if this was one of those cases, especially if there was a good offer on the table, it is absolutely not unheard of so see counsel abandon ship due to irreconcilable differences with the client.
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Old 08-15-2017, 09:45 AM
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To reintegrate what Centex said - the relationship between an attorney and her client goes two ways- you can fire your attorney, even court appointeds, and lawyers can fire clients when there are problems there. If you've been fired as a client, the court is notified and gives permission for release. Then the court turns around and appoints a new lawyer, usually somebody from the private sector who takes cases where the PD's department has a conflict. You are entitled to a lawyer.

All of the work done to that point isn't a waste. Then again, it will take a bit of time for the new attorney to get caught up in the case. Expect a delay in the case. The length of the delay depends on a lot of factors, so just roll with it and expect a delay.
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Old 08-15-2017, 10:31 AM
Curt'swife8 Curt'swife8 is offline
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I agree with the above post. My husband had some issues with his "paid" attorney because he didn't feel he was getting the appropriate attention, etc. His attorney wanted to back out because he didn't want the case to go to trial. Ultimately, the judge made the attorney stay on the case, they went to trial, and my husband lost. I didn't know how to advise my husband because my experience was very limited.

The case was very weak and was built on circumstantial evidence, but they were able to win anyway. When it is not in the public eye, trials are more biased in my opinion. We see trials on TV that show the defendant being acquitted with much more damaging evidence. In reality, the likelihood of people winning (especially minorities) is small. This is why deals are so common! My husband didn't want to make a deal because he didn't want to claim responsibility for everything when he didn't do everything.

Now, he and I both would encourage THE DEAL! We wish we had someone knowledgeable to tell us that when we were going through it! I guess, technically, we did have his attorney, but my husband felt he was being "lazy" and just trying to get out of the work (again because he wasn't getting the attention he felt he needed).
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Old 08-15-2017, 05:14 PM
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We didn't want to take the deal for same reason.... all circumstantial and things he didn't do but we learned very quickly that you cannot fight the U.S. Gov't. 1 count conspiracy in plea or if we took it to trial they would subpoena every expense report he ever signed and possibly have to defend 40 counts(or whatever number they came up with)...... He took the deal.
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Old 08-16-2017, 01:34 AM
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Quote:
Originally Posted by Curt'swife8 View Post
I agree with the above post. My husband had some issues with his "paid" attorney because he didn't feel he was getting the appropriate attention, etc. His attorney wanted to back out because he didn't want the case to go to trial. Ultimately, the judge made the attorney stay on the case, they went to trial, and my husband lost. I didn't know how to advise my husband because my experience was very limited.

The case was very weak and was built on circumstantial evidence, but they were able to win anyway. When it is not in the public eye, trials are more biased in my opinion. We see trials on TV that show the defendant being acquitted with much more damaging evidence. In reality, the likelihood of people winning (especially minorities) is small. This is why deals are so common! My husband didn't want to make a deal because he didn't want to claim responsibility for everything when he didn't do everything.

Now, he and I both would encourage THE DEAL! We wish we had someone knowledgeable to tell us that when we were going through it! I guess, technically, we did have his attorney, but my husband felt he was being "lazy" and just trying to get out of the work (again because he wasn't getting the attention he felt he needed).

I know they did kinda clash in the beginning, but it seemed as though that was past. I think T was working with him more. I get it about not every case is a good one to take to trial. He's asked my opinion about what sort of deals he should agree to like SafeP vs prison, but I know nothing about either! How am I supposed to weigh in?! I worry about things getting delayed too mmuch because of the issues that he's had in their with them not dispensing his insulin properly and denying access to food when his sugar is low and a f*cking candy bar (or juice) actually means the difference between dying or not! I didnt know about the possible appointment of a private sector lawyer. That is interesting.
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Old 08-16-2017, 01:37 AM
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Thank you everyone for your responses! This forum has been a godsend!
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