Indianapolis, IN asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Indiana

Q: What can I do if my public defender is not doing her job? Also to make things WORSE she is lying and damaging my case.

She lied to the judge and told him that I wasn't coming to appointments.Which is a lie. I have video to prove it. The judge then told me what a good attorney she was i

her skills were so great so when I went to say something he shut me down and told me that I need to make myself available and this wasn't the time or the place. So what is the time and wheres the place? I can't get a fair trial she's not doing anything and she's lying about me to the judge. I have recorded our conversations. She hasn't done anything in my behalf. What do i do?

2 Lawyer Answers
James A Hanson
James A Hanson
Answered
  • Criminal Law Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: You have to remember that this is a Public Defender. You are entitled to court-appointed counsel if you qualify, but you are not entitled to pick the attorney who gets appointed. As long as the appointed attorney provides "effective assistance" as that term is defined by the Supreme Court and a multitude of lower court cases, you get what the Court gives you.

Your only real option is to hire an attorney of your choosing with your own money. There are a lot of reasons why certain attorney-client relationships don't work well. The only certain option when this happens is to hire a different attorney.

Greg Spencer agrees with this answer

Greg Spencer
PREMIUM
Greg Spencer
Answered
  • Criminal Law Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: I am sorry to hear that there is a disagreement between you and the PD. Some counties, Marion for example, offer Modest means programs for misdemeanors and level 6 felonies where private attorneys offer services for a fraction of the cost. One would need to provide proof of income to qualify.

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