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"Defense" Attorney Treating us as Prosecutor - Options?

  • Thread starter Thread starter pris
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pris

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(Don't know if this the right section to post, please advise) Texas-Husband in jail 2 months on a felony charge. Court appointed "defense attorney" is sitting on his butt, he is treating us like he's the prosecutor. Has not even talked to him, does not know the facts of the case. He is arrogant, intolerant, inpatient, treats us in a condescending manner, doesn't answer my questions, etc. We told him my husband was going to plead NOT GUILTY to this charge, which he is not guilty, that maybe if they brought it down he would consider pleading guilty. He has reset the arraignment twice, my husband has not even been arraigned and he's been in custody since 10/30. Last court date on 11/28, which he reset again to 1/05, he said DA was thinking of "offering" deferred adjudication if he plead guilty. I told him my husband was not going to plead guilty to that charge. He said, he's going to have to if he wants to get this "good deal". What kind of defense attorney is this? He hasn't even talked to my husband to know the facts and he's already assuming and implying guilt with the DA and making deals with her. What kind of defense or fair trial will he be able to get? I was told I was stuck with this guy since he was court-appointed. Is it true? Please tell me my options and rights. I need to do something. I'm afraid he's going to keep resetting this and making deals until we give in which we don't want to but at some point my husband needs to get out of jail!!Is this a normal game that is played in our courts? Can he be replaced? Maybe even the case dismissed due to his incompetency? Please answer, I'm desperate!!
 


I AM ALWAYS LIABLE

Senior Member
pris said:
(Don't know if this the right section to post, please advise) Texas-Husband in jail 2 months on a felony charge. Court appointed "defense attorney" is sitting on his butt, he is treating us like he's the prosecutor. Has not even talked to him, does not know the facts of the case. He is arrogant, intolerant, inpatient, treats us in a condescending manner, doesn't answer my questions, etc. We told him my husband was going to plead NOT GUILTY to this charge, which he is not guilty, that maybe if they brought it down he would consider pleading guilty. He has reset the arraignment twice, my husband has not even been arraigned and he's been in custody since 10/30. Last court date on 11/28, which he reset again to 1/05, he said DA was thinking of "offering" deferred adjudication if he plead guilty. I told him my husband was not going to plead guilty to that charge. He said, he's going to have to if he wants to get this "good deal". What kind of defense attorney is this? He hasn't even talked to my husband to know the facts and he's already assuming and implying guilt with the DA and making deals with her. What kind of defense or fair trial will he be able to get? I was told I was stuck with this guy since he was court-appointed. Is it true? Please tell me my options and rights. I need to do something. I'm afraid he's going to keep resetting this and making deals until we give in which we don't want to but at some point my husband needs to get out of jail!!Is this a normal game that is played in our courts? Can he be replaced? Maybe even the case dismissed due to his incompetency? Please answer, I'm desperate!!

My response:

This is actually very typical of court appointed defense attorneys. They are overloaded with cases because people have no money to pay for their own attorneys. So, what happens, in order to "clear the decks", they typically do not go to trial, and they do everything they can to "cut deals". They don't have time to listen, and even less time to answer questions. They get in, and they get out. Your husband is just another beige file folder and number.

You get what you pay for. And, in this case, your husband isn't paying.

As you know, it is imperative that you, your family, or whomever, do whatever is humanly possible to scrape up money for a private attorney. Otherwise, it's just going to be "Wham, bam, thank you, Ma'am".

IAAL
 
X

Xoro

Guest
Many lawyers will take payments. Find criminal lawyers and
talk to them. Get copies of all court documents in the case
and bring them with you when you see the lawyers. If you
have community resources use them. If your husband is in
jail he can talk to others to find a good lawyer.
 

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