What can we do if my daughter is not given a fair pre trial?

Question

My daughter was arrested and appointed a public defender. The only response she/we have gotten from this person is to expect to stay in jail until the court date. My daughter was originally arrested on a drug charge. She missed 2 drug test which was a condition of her release from the original charge. On the court date last Fri, 01/27, she was put back in jail for missing the tests. She was in the hospital on the first test, and her husband refused to give her the money for gas and to pay for the 2nd one. yeah, he's a real jerk. We can show proof of the first and was actually told by the hospital that they would fax it to the pre-trial off. but never did.  He himself told us the day she was put in the hosp, that he would get back in touch with her in 2/3 days.  When my daughter tried to tell the judge that Fri, the pre-trial off lied.  We don't have the money for a private lawyer. Where do we go from here?

Cynthia Henley · Answer

She needs to cooperate with her appointed lawyer and work on her criminal case, which is the focus of the problem.

Michael J. Breczinski · Answer

Get something from the Hospital and take it to the attorney and to the next court date for the judge.

Leonard Harden · Answer

You should try to talk to the public defender and if unhappy that person's supervisor.   If still unhappy then borrow money to hire the best private lawyer in the area.  Good luck.

James H. Dippery · Answer

Yes, it is likely that daughter might stay in custody for awhile.? The court might reasonably suspect that she continues to be involved in drugs, since that is a reason people 'miss' drug test appointments, reasoning that if I don't test they won't find that I am dirty.? So, to 'dry her out' and keep her from drugs the court might reason that she should stay in for a bit.? Now, without giving more facts where unwanted eyes can see them, if she is on probation and has to test, she might be getting some added time for probation violations.? If she is in the Proposition 36 drug program she can't do any additional time for the offense, but while her continued status in the program is still up in the air she can remain in custody.  Do not think badly of the Public Defender.? He/she has no reason to wish any harm or additional time to your daughter.? The attorney will work hard in your child's best interest.? Pay attention to advice given.?

Michael Palumbo · Answer

It is not the fault of the attorney that his client was remanded where, as here, a condition of her release was to take drug screening tests and she failed to comply. The reason for her failure to comply with the conditions for release is immaterial. So the advice "expect to stay in jail until the court date" is correct legal advice based on the facts and circumstances of the proceeding. It sounds like she has an excellent lawyer, as he appropriately advised her to comply with the terms of her conditional release and now that she violated same and was remanded has advised her the minimal period of her incarceration.

Ronnie Vargas · Answer

If your daughter does not have money for a private attorney, she will have to make due with the court appointed public defender. Your daughter can request a substitution for her present attorney but more likely than not she will be appointed another public defender. Public defender's tend to be attorney's with large case loads making it difficult to meet or communicate with them. Your daughter must continue trying to commmunicate with her attorney unless she asks for a substitution and is granted one.

Michael Maltby · Answer

Her attorney needs to set a motion to reconsider her conditions of release. It sounds like the facts never got to the judge and therefore were never argued.

Ryan L. Russman · Answer

I would contact her lawyer and inform them of her inability to attend the drug test.

Thomas Tomko · Answer

You may want to request that your appointed attorney file a Motion.  The Court cannot accept the second reason as a valid one for failing the bond condition.  However, now that there have been a few days in jail, the Court may change its mind.  Future missed tests will not be tolerated, and there will not be a third chance  I hope that this was helpful.

Roianne Houlton Conner · Answer

Your only option is to request another public defender.  Get the hospital records and if you have to go to the judge's office and at least give them to his secretary to give to him to prove that the officer lied.

Stephen Freeborn · Answer

I do not know enough about the case or your daughter.. I don't know if she has any priors.. I don't know what she has been charged with.. I don't know what the court set as bail.. I do not know the court's reasoning. I do not know how long this case has been going.   These are just some of the many issues I would need answers to before I could begin to give you any kind of suggestion.  You are in a tough situation.  Perhaps just paying an attorney for a one time consult might be of some help in providing you with direction.  Sorry I can't be of more help.

Ernest Krause · Answer

If the case is in a county with a big population the public defender is probably skilled. So, she pleaded "not guilty" and had had one or more hearings after that? Send a fax and leave telephone messages for the Public Defender. Or phone that office and find out when he/she is available. The PD should deal with all issues.

Mark R. Thiessen · Answer

Unfortunately, if you can't afford an attorney, you are stuck with the PDs office.  But the PDs office is usually very good, so if they can't get her out, chances are the Judge won't give her a bond.

Jared Altman · Answer

You have to be a thorn in the public defender's side to get them to help You as much as possible. The squeaky wheel gets oiled.

Kevin Michael Smith · Answer

You need to seriously consider hiring a private attorney. Ask for a payment plan, but be prepared to put something down. Private counsel will be able to provide your daughter more time and coordinate the cooperation and communication between all the agencies in a way that is not necessarily an attorney's duty, per Se, but more of an added service that private counsel can provide because of their fee.

Dennis Roberts · Answer

PD is right.  If she misses two court dates they will most likely not bail or OR  her.  You should bring the hospital proof to the PD but the story that the  husband wouldn't give her money for gas sounds like BS to a judge.  She could  have taken a bus; she could have walked; she could have borrowed the money from you.

Mark Broughton · Answer

Unfortunately, without the funds to hire your own attorney, you are at the mercy of the system, so to speak. Public Defenders are terribly overloaded with cases now and don't have the time in most instanced to devote to each case. Neither do probation officers. So, you have to take matters into your own hands. Get that documentation that she was in the hospital; write a declaration or other proof that she was unable to get to her second appointment (frankly, there is no excuse for this - she can't blame this on the "ex" as it is her responsibility to be in court; same goes for taking the drug tests and the other conditions of her probation). Every time she goes in to the probation office, have them sign some document that she was there. Get everything in writing. She had better comply with the orders and conditions of the court or this (violations/custody) is going to become a repeated pattern until she eventually ends up in prison (or county jail for the balance of her term).  It is not up to the Public Defender to perform under her probationary grant - it's hers.  The system is not going to bend over backwards for her so she is just going to have to hitch up her pants and do it without excuses.

Jonathan Baner · Answer

Pre-trials are not fair or unfair.  They are walk in say "trial" or "continue pre-trial" or "plead guilty and move to sentencing" unless one pleads guilty and moves to sentencing at the pre-trial against the wishes of the client they probably did the right thing. If you screw up your conditions of arraignment you go to jail.  It isn't really a fair process where you can go in and say, "but judge I didn't have..."  Obviously that is of little help.  One idea may be to attempt to get the bail lowered, but that may not be possible (I literally have no idea).  Bad situation - hopefully it resolves better.  Good news is that the credit for time served offer may come up by the time of trial.

Jeff Yeh · Answer

Not much you can do other than fire the PD and represent yourself (which is almost always a bad idea). My advice is, save money and hire a private attorney who knows what he/she is doing.

Edward Kroll · Answer

Unfortunately, if you don't have the ability to retain a lawyer of your choosing, then you must go with a public defender.  If this person is not doing enough for you, then your daughter will have to ask the court to appoint her a new public defender.

Aaron Black · Answer

Talk with your public defender. Get the information together about the circumstances of missing the tests and ask the lawyer to file another motion regarding release conditions.

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What can we do if my daughter is not given a fair pre trial?

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