Q: My son is being tried as an adult can I talk to his public defender about his case, he is a 16 year old boy.
He was on probation and the police arrested him for violation well they really did come for that that was an excuse to get into the door so they could search my house for a gun but they did not find a gun so they arrested him .2 or 3 months ago, and his public defender won't talk to me is this legal?
A:
The public defender is under no legal duty to talk to you and is legally prohibited from sharing with you any confidential information including things like his case strategy. Any information he may share with you would not be protected by the attorney-client privilege, so the prosecutor could ask you and him about the substance of any such discussion.
If you are a witness with knowledge of material facts, he may want to talk to you to gather information for the defense of your son. Expect this to be him asking you questions and you answering them. Do not ask him substantively about your son's case.
1 user found this answer helpful
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.
