Arrest, Search, Seizure, Warrant unlawfull arrest

[john_lawson]

I was arrested after the state did an investigation and concluded that no crime was committed (a child said I molested her). A detective later arrested me on probable cause their was none §1983. Because of my financial situation I was assigned a public defender. I asked if this was legal he told me yes. I asked if I could sue for false arrest, and was told no (this is not true). And that their was nothing I could do about it. After the child's testimony was thrown out. I was later told by the public defender that if I did not accept a plea bargain that the prosecutor was going to have a "better safe than sorry attitude" And that I could be convicted on any crime. He also told me that if I went to prison I more than likely be "carried out in a box." And that it would be "the smart thing" to accept. I later was told that the attorney received a bonus for getting me to accept the plea. If this is true, it is a direct conflict of interest.

 

[freebird]

I was arrested after the state did an investigation and concluded that no crime was committed (a child said I molested her). A detective later arrested me on probable cause their was none §1983. Because of my financial situation I was assigned a public defender. I asked if this was legal he told me yes. I asked if I could sue for false arrest, and was told no (this is not true). And that their was nothing I could do about it. After the child's testimony was thrown out. I was later told by the public defender that if I did not accept a plea bargain that the prosecutor was going to have a "better safe than sorry attitude" And that I could be convicted on any crime. He also told me that if I went to prison I more than likely be "carried out in a box." And that it would be "the smart thing" to accept. I later was told that the attorney received a bonus for getting me to accept the plea. If this is true, it is a direct conflict of interest.

I'm not sure what your question is or whether you are just reporting an unfortunate incident. I wouldn't know why the attorney got a "bonus" for getting you to accept the plea. Some of it doesn't make sense. If there was a real conflict of interest and you feel that the attorney gave you horrible advice, you might attempt to throw out the pleas by filing a motion that you were denied the effective assistance of counsel.

 

[cmlzip]

The sad, fact of the matter is that these sorry public defenders are too lazy to do the work for you and fight for your total freedom. They don't make any real money like a independent, private defense attorney with his own practice and he probably doesn't know the entire law off-hand and didn't feel like looking it up for you. All of these public defenders try to get in good with the judges by settling for plea deals. Doesn't hurt their weak trial record, either for when they do decide to get their own private practice.

 

[invisivenus]

while i seriouslly doubt that they got a bonus for a plea bargin i know public defenders will encourage a plea bargin if the case looks bad. most of them arnt lazy its just they have so much cases to deal with that time to build up a decent case isnt something they have. however they cannot force you to plea bargin if you say no. im not sure but i think you might be able to ask for another counsil if you feel the one assigned to you is not looking out for your intrest.