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  #1  
Old 04-09-2011, 06:08 PM
frenchiewv frenchiewv is offline
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Default Letter to change Public Defender

my bf wants me to help him write to the judge to change pb but I am not sure exactly I am suppose to put in the letter. He has good reasons to want to change pd.

anyone here changed public defender successfully ?
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  #2  
Old 04-09-2011, 07:35 PM
baitworm baitworm is offline
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may i ask why?
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  #3  
Old 04-09-2011, 07:42 PM
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Dear Honorable XXX,

I, Defendant's Name, the Defendant in the case of State v. Defendant, case number YYY, request that a new attorney be appointed to represent me in all further matters in this case.

State the reason. State how that reason creates an inability for the Defendant to assist his court appointed counsel.

Thank you for your attention to this matter,

Defendant's Signature
Defendant's name spelled out
contact information for the Defendant

Please note, there has to be a serious breakdown of communication for this to succeed. Further, if you're on the verge of trial or have substituted counsel before, this will not work. Lastly, though the judge may read the letter, s/he may also request that you submit a formal Motion to Substitute Counsel, outlining not only the reason for the substitution, but the statute or RPC granting the judge authority to substitute counsel.
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  #4  
Old 04-09-2011, 08:01 PM
frenchiewv frenchiewv is offline
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he hasnt been indicted yet , well I dont want to give to many details but he lawyer keep telling him somethings and then change his story for example he a condition of his bail his that he has to be transfer to a rehab center has soon as a bed open it isnt mention a precis rehab i called a couple to be sure he was on the waiting list and was told that he was but they didnt received a court order yet for him when I called his pd office they told me it was because since he wasnt order to go a specific place they had to wait to see which one will hav a bed open first to do the paper work, the closest to where we live i learned that a member of my bf's family is currently being treated there and my bf couldnt go there until the member of his family is gone the bails bond call his lawyer for me and they assured her they knew and it wasnt a problem however now out the blue his lawyer tell him they are proposed a deal and all the sudden his lawyer tell him he cant go to any rehab only the one that is closed to where we live where he cant go right now coz contrary to what his lawyer secretary told us the fact that a member of his family is staying there stop him from being accepted until that person complete the program. So now we both feel that his attorney either really doesnt hav his s*** straight coz they are saying one thing and then change their story ( and I double check with the court n bails bond there isnt a restriction to where he can go to rehab as long as it is recognize as a rehab center by the court plus his lawyer had give him form to filled out for all those different centers) or that he just want to get ride of my bf so he can move on to the next case and tell him everything he need to say to him so he takes the plea before he can go to rehab which is where both the prosecutor and cops wanted him to go n told him during his bail hearing. and that is just one example . So now my bf doesnt trust his lawyer and hav trouble working with him plus when he asked questions he doesnt get all the facts and he doesnt understand what his lawyer is telling him and we told his lawyer that before that he needs to explain more clearly and all the options but nothing has changed and its getting worst.
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Old 04-09-2011, 08:33 PM
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It might not be the court or probation/parole that has the restriction on the rehab. The rehab facility itself may have a restriction preventing relatives from being in the same treatment facility at the same time. Most rehabs have that type of restriction, and they'll restrict admissions if you're related to a member of the staff whether it's the head doc or the janitor.

FWIW, the PD's office handles a ton of cases, most past the point of indictment. Most PD's offices have a lot of attorneys working there, so staff might not know everything, or may mistake your bf for somebody else and answer things generically. Remember, post indictment is where most of our work is done. Also, the State will offer a plea deal at seemingly strange times. It's not uncommon to have a plea in place at the time of indictment.

If you request a substitution of counsel, you will not get another attorney from the PD's office. Instead, you'll get a court appointed lawyer unaffiliated with the PD's office.
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  #6  
Old 04-09-2011, 11:26 PM
frenchiewv frenchiewv is offline
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thanks for your answer ! I really appreciate . About the rehab, we understand the restriction the only thing is that I don't see why now his lawyer tell him that he can only go to this place when the court didnt say he had to go to this specific one and especially since he can't go to this one until his bro has finish the program. I always try to call every where to be sure of what he is being told and everybody confirmed me that he could go to any rehab center approved by the court. We are just really stressed cause out of the blue the proposed him a deal and his lawyer told him he would come see him to explain and get his answer and he didnt so now we are stressed as when he gonna have to give his answer , he is a first time offender and from my understanding under the influence when he committed his crime and let just say it was a big awaking for him to go to jail , have his so called friends turned on him and see ppl with worst charged get a second chance and go home. Right now all he wants his go to rehab and home confinement to show people he is trying to change and show that he wont messed up. I do believe he needs help, he tried before to get off the medication the doc gave him and he ended up depress, suicidal and he wouldnt talk about to nobody. So I really hope he can go there to learn how to deal with everything and to prove to himself and everybody that he can do it because I am like st Thomas i do believe he has changed (coz of the way he talks n react) but I need proof .
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