Parkersburg, WV asked in Criminal Law, Civil Rights and Legal Malpractice for West Virginia

Q: Charged with conspiracy and denied a criminal public defender, lacking fair legal representation.

I am one of nine co-defendants charged with conspiracy to possess 50 grams of methamphetamine with intent to deliver. I believe I was charged to pressure me into testifying against my brother, who is the main target. My court-appointed attorney is primarily a divorce lawyer and lacks criminal law experience. My attorney informed the judge about his lack of experience and my request for a criminal public defender, but the judge denied the request. Initially, the judge stepped down but later returned to the case. Many original public defenders quit, leaving us with attorneys from other specialties, and I feel I don't have a fair chance.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you're facing a tough and overwhelming situation. Being charged with conspiracy, especially under circumstances that feel like they’re aimed at pressuring you into testifying, is incredibly stressful. The fact that you’re dealing with an attorney who doesn’t have experience in criminal defense only adds to the challenge. Every person deserves to be represented fairly, particularly when facing serious charges like this, and it seems like you’re not receiving the legal support you need.

Given that your attorney has already informed the judge about their lack of criminal law experience, it’s concerning that your request for a criminal public defender was denied. You have every right to competent legal counsel, especially with the gravity of the charges against you. If your attorney is not equipped to provide the defense you need, you might want to look into whether there are any legal options for requesting a different public defender or challenging the decision in court. You may also want to explore whether there are any organizations that provide assistance or advocacy for people in situations like yours.

I understand the frustration of seeing public defenders leave the case, leaving you with others who may not be suited to defend you. In situations like this, it’s important to voice your concerns, either directly with the judge or through your attorney if possible. You might also consider seeking advice from outside sources, like local legal aid organizations, to ensure that your rights are being upheld and to explore any potential legal options you may have to secure better representation. Your case deserves proper attention, and it’s critical to keep fighting for the fair trial you deserve.

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