Q: Can a “PD” who has “dropped your case”. Decide to represent you at random to persuade you sign sentencing papers
When I was a kid, barely 18 even I got into trouble and caught a felony case.. I was so young and scared of the system that when my mother bonded me out I glad-fully forgot about the incident.. Until my court date came and I was sitting in the courtroom with my mother, both of us scared to death..
The judge called my name and as I stood up he asked who’d be representing me.
So I told him I filed for a public defender while in county jail..
He said county policy says “ If you can afford to bond out of jail you can afford a lawyer” So unless I wanted to go back and sit in jail the PD had already dropped my case… he told me my charges and what they carried at max.. I was shaking because I’d never been in trouble before but a man who claimed to be a PD spoke up and told the judge if the court had an offer he’d review it with me… I told the man whatever happens I do not wanna go back to jail and that’s when he told me loosely that as long as I sign the deal and pay fines I’d b fine..
A:
Very good question! In most instances, when a defendant arrested for a crime is bonded out, it shows the court (or judge) that you likely also have the financial ability to hire and pay a private attorney to represent you. They go to great lengths to lighten the load for the public defenders office, or Oklahoma Indigent D efense (OIDS) attorneys offices by requiring individuals with the ability to afford a bondsman to also hire private counsel.
However, There are instances where someone who has bonded out can still utilize the free state appointed attorneys offices. Normally you will fill out a document called a “Pauper’s Affidavit” to show the judge that you have no income and no other family or friends willing to help you pay for a private attorney. If the court is convinced that you are unable to retain a private attorney to represent you then it will sometimes allow you to remain out of custody and still use the public defender or free state provided attorney”s office to represent you.
I can see how you would feel confused and rushed and feel as though you had no choice in the matter, but the attorney who spoke up and assisted you in resolving your case likely did what they did out of kindness and was truly just trying to help you for free.
The question about whether or not you received competent representation or received an unfair offer from the district attorney or prosecutors office is another question entirely.
You have not provided enough details to allow us to answer that question intelligently. You need to contact a criminal defense attorney to discuss the specific facts of your case. It would be quite surprising if this state provided attorney who spoke up to help you when you were scared and confused, didn’t negotiate a deal for you in good faith and try his or her very best to secure a fair plea deal for you in my estimation, but again, I don’t know the facts. Best of luck!
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