Tag Archives: PUBLIC DEFENDER

Do PD’s file motions to lift detainers?

Q: If I request for my public defender to file a motion to lift detainer and release to justice related services only, do they have to do so? I want to get my detainer lifted and be put in the care of justice related services. (Pittsburgh, PA)

A: Must your PD file a petition to lift detainer if you request him or her to do so? My understanding is that the Allegheny County PD does not do so because detainer work is not a critical stage of prosecution. It is considered extra, peripheral work and them being so overwhelmed with work to begin with, they do not touch detainers. Unless the PD has changed their policy. I was a PD many years ago and that was their policy back in the 90’s. You can hire a private criminal attorney to do so. The other thing you can do is write to JRS and request them to interview you. You can also request your counselor at the jail to contact JRS and facilitate the process.

Can I get a public defender to help me with a warrant?

Q: I have a warrant for a simple assault charge. I have a court date coming up. I also want to get a public defender for my court date and to help squash warrant. (Pittsburgh, PA)

A: Public Defender’s in Allegheny County do not deal with warrant issues. It is not deemed a critical stage of prosecution. However, you can obtain a Public Defender to represent you on the new charges at the Preliminary Hearing stage. You will need to go to Room 400 of the County Office Building and sign up. You will be appointed counsel if you qualify-meaning if your income is at a certain level.

How do I get a court appointed lawyer?

Q: Charged with sex offense. My “lawyer” is threatening to withdraw his appearance 2 months before trial. I hired my lawyer because I was accused of some serious child molestation charges which could put me in jail. I was never arrested and only knew about the official charges from my lawyer. I received ROR bonded at arraignment he showed up a preliminary hearing and told me he was unprepared and to waive downtown only to charge me $750. He agreed to take the case on payment plan but now wants $5000 this week and $2500 ten days before trial (which for me is impossible). Now he is threatening to withdraw in 3 days. He already entered his appearance only because his wife emailed me and told me I didn’t need a lawyer for my formal arraignment and the judge threatened to withdraw my bond. Now my question is what can I do as far as hiring a court appointed, and how much of a disadvantage am i know? What can i do? (Moon Twp., PA)

A: It sounds like you need a new lawyer. Whatever you do, do not wait until the last minute. Judge’s are lenient in granting continuances when defendants obtain a new lawyer. If you cannot afford private counsel,  get documentation of your income together and apply for a lawyer with the PD in room 400 of the County Office Building. You can talk to your PD, have him represent you and at the same time raise money for private counsel if things are not progressing with the PD as you like the closer you get to trial.

CRIMINAL LAW, COURT APPOINTED LAWYER, PUBLIC DEFENDER

 

Why did his Public Defender “waive” his case?

Q:  Does a public defender waive court appearance. A  friend is in jail, and the past two court dates the public defender waives his appearance. Why ?

A: If you are stating the PD waived a case to a further court, that is not that unusual of a practice. Many times an attorney or PD will advise a client to waive a case from a preliminary hearing, which means he did not choose to contest the matter at that particular hearing. Sometimes it is done because the lawyer or PD did it in exchange for some of the charges to be dropped, sometimes it is done in exchange for a lower bond, sometimes it is done because there is no defense and to litigate a preliminary hearing is a useless effort. You need to ask the PD.