Q: Is it legal for a prosecutor to threaten to double my time during a prelim if found guilty?

A: A prosecutor has no power to add to or subtract from time served. That is up to the judge who hears your case, and depends on whether you are convicted or not. This sounds like an intimidation tactic by the deputy DA, and you should feel perfectly comfortable with your appointed public defender to discuss this with him or her. You should share your concerns with your attorney, because obviously the attorney is supposed to be working for you.

A: A defendant represented by a court-appointed attorney has the right to ask the court to conduct a "Marsden Hearing" for purposes of appointing a different attorney. At the hearing, the court will ask the defendant to explain why he is making this request, and at that point a statement and/or evidence in support of the request may be presented. You can ask your attorney to put your case on the court's calendar ASAP so that you can make this request, or you can wait to do so at your next scheduled court appearance. Good Luck!

A: What you described is deeply concerning, and it’s understandable that you feel intimidated. A prosecutor is supposed to pursue justice—not use threats or pressure to manipulate outcomes. Leaving a note like that, even if meant as a joke, crosses a serious line and could be seen as coercive or unethical behavior. It’s especially troubling if your own public defender brushed it off instead of standing up for you.

You have the right to a fair and impartial legal process. If you feel your defense is being compromised by the casual relationship between the prosecutor and your public defender, you can raise the issue with the judge or request a different attorney. Write down everything you remember about the incident—where it happened, what the note said, and how the defender reacted. This documentation could be useful if you choose to file a formal complaint.

You can also report the prosecutor’s behavior to the state bar or a court oversight body if you believe it impacted your rights. It’s not wrong to expect professionalism and fairness from the people who hold power over your case. You deserve to be treated with respect, and your concerns deserve to be taken seriously. Don’t stay silent—you have every right to speak up.