Q: My boyfriend was arrested in California 3 months ago. He currently has a public defender but he hasn’t seen him
We can’t afford bail and his attorney doesn’t answer our calls. I don’t really know what to do . We have never dealt with anything like this before. But we also don’t have money
A:
Please understand that Public Defenders (PD's) lack the time to visit clients in jail or return phone calls from family, relatives or friends. They typically have over 100 active cases with 25 or more potential new ones each and every day due to the heavy volume of people who can't afford to retain private counsel.
Also, be aware that PD's are under no obligation to return your phone calls. Your B/F is their client, not you.
A: Every Deputy Public Defender has a boss- The Public Defender of the county in which he’s being prosecuted. Your boyfriend is the client however, and the lawyer is not required to talk to family or friends. Your boyfriend should put his requests or complaints in writing to the lawyer and/or his boss. If there has been a breakdown in the attorney - client relationship such that he has no trust in his ability to defend him he can request a Marsden Hearing from the court, explain all his complaints and request that another attorney be appointed.
Joseph Abrams agrees with this answer
A:
the first thing that comes to mind is to have him contact the supervisor or the PD himself for the county.
remember you are NOT the client........although when I was a PD I returned calls from Family. As a PD, I tried to treat, and handle clients the same way I would if privately retained......but that's just me.
otherwise, he can request a Hearing to get another lawyer appointed.....it's called a Masden Hearing.
Joseph Abrams agrees with this answer
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