Raleigh, NC asked in Criminal Law and Domestic Violence for North Carolina

Q: Changing Public Defenders?

If a court appointed public defender seems uninterested, unwilling, and thinks you will still go to jail for stupid reasons that involve 100% no abuse, violence, threats, etc. in a "domestic case" that involves only yelling between the two parties, can the PD be replaced? Before the court hearing, she did not return calls. After the hearing, which is being continued, only had a ten minute meeting with her and she is sure the defender is going to jail (and really jail is not needed AT ALL), she still has not returned voice mails or emails in two weeks. The trial is next week. If this defender goes to jail, job is gone, home, support for the children, everything, over a yelling match.

What are the options to be sure no jail time is involved as the PD seems the person as a criminal, when really they are not?

1 Lawyer Answer
Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: First lets get the terminology right, you are a defendant not a 'defender'. There are no guarantees. You could hire the most awesome successful criminal defense attorney ever and still end up going to jail. So your options are to continue on with the public defender assigned to you or to try and get a new attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.