What canI do if my husband’s public defender has been of no help in getting a bond reduction?

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What canI do if my husband’s public defender has been of no help in getting a bond reduction?

My husband and his cousin were pulled and a gun registered to the cousin and 28g of pills were found. They were both arrested and both charged with the gun and drugs. Since the arrest the cousin has sent a letter to the public defender stating that the gun was registered to him and his cousin had no knowledge of the pills. Since the letter the only thing the PD has done is request a bond reduction hearing. She failed to mention any word of the letter; or that my husband had and still has a job waiting; or that he has 2 kids he raises with me. The bond reduction was denied.

Asked on December 6, 2010 under Criminal Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband can request a substitution of his court appointed counsel.  That means that he can get a different PD to represent him; providing that he can convince the judge that it is necessary. 

There will need to be a hearing if a new counsel is to be appointed.  To get a hearing scheduled your husband will need to write a letter to the judge and request a meeting regarding this.  A copy should be sent to both the PD that he wants removed and the prosecutor.  Make sure both copies and the original (which goes to the judge) are sent certified mail; he also needs to keep a copy for himself.  This letter should state that he wants his current attorney removed from the case and why.  He'll need to list all problems that he is having with his attorney.  The letter should be kept short and to the point.  Be sure that it is truthful, your husband doesn't want to jeopardize his position with the court by stretching the truth.

Additionally, you can contact legal aid and see if they would take his case. If not, inquire as th whehter they know of an attorney that will volunteer to do it "pro bono" (for free).

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you feel that your Public Defender is not doing her job then you - or rather your husband - can request that he be assigned new counsel and that this attorney be discharged.  You are going to have to give a really good reason though for the judge to allow this.  What you claim is that she failed to present evidence that would have resulted in a different outcome in the bond hearing.  Please note:  I do not know that that is true as it is unclear what exactly your husband was charged with with regard to the drugs and the gun and what the law in Georgia allows.  I am only trying to gather information to help from what you have written.  You may want to consult with another attorney in your area just to be sure. 


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