Legal Question in Criminal Law in United States
My attorney hasn't bothered to do anything for my case, we just had a prelim trial and she brought no witnesses and did not even argue the witnesses that where present, she doesn't communicate with myself or my family on her plan of attack and we just lost our prelim trial. She knows I have a partner because she comes to every court date and I refer to her as my partner, I told her to please go tell my partner what's going on, and her reply was if you weren't so dang cute I'd slap you, I want to fire her for several reason on grounds of misconduct,lack of representation,breach of contract and breaking attorney client privileges, how do I go about doing this, she is a alternate public defender 111 do I tell her first or her supervisor
1 Answer from Attorneys
A prelim looks like a trial, but that's not what it is. Many laypeople don't understand this.
A trial is about whether the defendant is guilty. So at a trial, you would want your lawyer to present your evidence and call your witnesses.
But a prelim is *only* about whether the prosecutor's evidence, by itself, could convince reasonable people of the defendant's guilt. It is not about whether the defendant actually is guilty, and it is not about whether her evidence undermines the prosecutor's.
It's very unlikely that presenting your witnesses and your evidence at the prelim would have helped you in any way. But it very likely would have helped the prosecutor, by giving him an advance look at the evidence and arguments you will offer at trial.
In other words, unless there is something very unusual about this particular case, your PD made the right call. If she'd done what you wanted, you would be much worse off as a result.
It's fine to question your lawyer about her decisions. Lawyers are human, and do sometimes make mistakes. But you should bear in mind that she knows a lot more about the law than you do. That includes knowledge of proper procedures. If something she does surprises you, it's probably just because you're not familiar with the practice of criminal law. Raise all of your concerns with her, since that may help her present a better case. But don't presume that she's wrong just because you don't understand something she did.
Good luck.
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