Where to turn when your representation is not representing you?

[Doobis]

Jurisdiction

South Dakota

This happened in the state of South Dakota. I was pulled over for mistaken identity and my public defender before having ever talked to me or even having gotten discovery left me a message stating he believed he can get me a deal for probation. I live in the state of Washington not South Dakota and there was no grounds for pulling me over. It's that lack of grounds that has me concerned about misrepresentation.

 

[army judge]

It's that lack of grounds that has me concerned about misrepresentation.

I suggest you discuss your concerns with YOUR attorney.

Or, you can ask the judge to appoint another PD, because you no longer have confidence in her/him.

You are unable to receive the assistance you seek here.

Why?

You're represented by an attorney, according to your revelation below:

my public defender before having ever talked to me or even having gotten discovery left me a message stating he believed he can get me a deal for probation.

It is UNETHICAL for other attorneys to offer you legal guidance or advice.

 

[Tax Counsel]

It's that lack of grounds that has me concerned about misrepresentation.

How did you determine that the officer didn't have the reasonable suspicion needed to make a traffic stop? It doesn't take a whole lot to meet that standard. If you don't what the officer will say about that then you don't really know that the court will rule the stop invalid. That's your attorney's job to find out that information. Good communication is essential to a smooth attorney-client relationship. If the attorney hasn't told you why he made the recommendation that he did, ask him. There may be something that you don't know about yet that lead him to the conclusion that it's best to do a plea deal. You'll want to know that to make an informed decision about whether to ask for a different PD. Beyond that, I second ArmyJudge's statement that lawyers cannot provide you with specific legal advice in a forum like this. Moreover, even if they could you wouldn't want to discuss the details of your case with anyone else but the lawyer, whether online or otherwise. Doing that will blow the attorney-client privilege.

 

[zddoodah]

my public defender before having ever talked to me or even having gotten discovery left me a message stating he believed he can get me a deal for probation.

Ok...so? I assume that, in response, you explained the circumstances, including the "mistaken identify" situation, and told the PD that you weren't interested in taking a plea bargain and that you want to take the case to trial. I'll just leave it at that because you shouldn't be disclosing the details of your discussions with your attorney. Of course, if you're not happy about the representation you're getting from the PD, you can hire a private attorney to represent you.