Oct. 16, 2013

My Public Pretender/Defender

by Michael Winsett (author's profile)

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My Public Pretender/Defender

I had a public defender when I was going back and forth to court. The prosecutor's case had all kinds of holes in it. I had already beaten not one, but two police line-ups. Most of the evidence was entirely circumstantial evidence. So I felt really good about that and at least the possibility of a reasonable plea-bargain. I was called out for an attorney visit, which I had again, felt really good about. After talking with my public defender, it was obvious that the only thing on his mind was trying to negotiate a deal with the district attorney. That didn't sit well with me because I felt like I had the right to a fair trial, and since most of the evidence was circumstantial, I really wanted to go to trial. Once my public defender saw that I wanted to go to trial, he started pretending. Pretending that the district attorney had an open and shut case. Pretending that I committed the crime of the century, and if I didn't take the plea bargain, I would regret it later on. I asked my public defender what is the plea bargain offer from the district attorney. My public defender said that if I pled guilty, I would receive a 10-life sentnce and I would beeligable for parole in 10 years, plus the district attorney has the right to argue to have my two other cases to run consecutive to the 10-life sentence. I asked him what the right to argue means, and he said basically the district attorney would argue to have the judge run all your sentences consecutive to one another. This was a problme for me and it didn't sound like much of a deal at all. This deal went back and forth between me, all my public defender and the district attorney. At the time, I had already been incarcerated over a year on another unrelated case, so I stuck with my guns and went to trial. My public defender made a last effort to tell me to take the deal. I said, 'No, let's just go to trial, have you interviewed any witnesses in my defense yet?' He said, 'No.' I said 'well then let's go to trial.' So I went to trial and it lasted one day and the jury returned a guilty verdict in 15 minutes. My public defender made no objection and failed to challenge the state's case. A guilty verdict was a foregoing conclusion. During the trial, I had to make an objection because my public defender was ineffective. The judge asked me why I am making these objections during a trial and I simply told the judge that 'my attorney won't object to anything your honor, so I would like to object in order to preserve the issue on appeal, if I don't object or make an objection, I can't argue the issue on appeal.' So we continued and the judge noted all this for the record. I don't trust public defenders and this is why I took it upon myself to study the law in the law library. So I get sentenced and I receive the same exact sentence that I would have received if I pled guilty, 10 years to life with a parole eligibility date after I serve 10 years. The two other separate cases were also ran consecutive to this sentence. All my appeals were denied and I am finally on my LAST sentence and I will be out in 3 years. They were all as mad as hell that I didn't take that plea bargain. I just wanted a fair trial and I didn't see any sense in taking the deal. To make matters worse, this same guy who I won't name, somehow became a judge in miniciple court and had his law license suspended for some kind of misconduct with his clients, etc. He also had $8000 in unpaid parking tickets. He was a public pretender. He pretended that the state's case against me was strong, in order to trick me into taking a plea bargain. I've already got over of being mad at him, I was just curious of how many people he has done this to.

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cpadilla Posted 10 years, 6 months ago. ✓ Mailed 10 years, 5 months ago   Favorite
Receiving a constant lashing from the oft-uneducated clientele that PDs represent is reason enough to quit the profession. No amount of pay or benefits is worth constant disrespect from those whom the PD is hired to advocate for. Of course whatever traits initially led one to have one or "many" criminal cases are the same traits that lead a defendant to blame everyone but himself for his own predicament. PDs, though some of the toughest and most skilled professionals around -- are not magicians. At some point, you must face what YOU did to get yourself in prison. The cards are stacked always against the defense-- always. The criminal justice system is infamous for this inequity. The PD is the ONLY one in your corner and goes down with you if you lose. But at least they put their intellect, talent, and wit on the line to give you a fighting chance. NO ONE likes to lose. EVEN if they represent an argumentative, disrespectful, ignorant skeptic who thinks they understand the system better than every trained legal mind in the courtroom. I'm sure your PD did the best hIe could and promoted a plea deal because it was in YOUR best interest, not his. At some point, you have to stop blaming everyone around you for the situation you are in. PDs have my utmost respect for taking a beating from both the system and from their clients. And defendants will rarely realize that just because your PD is the only one permitted to talk to you, not everything is his fault. He is the messenger for the behemoth justice system that is coming down on you and is just trying to help you through it. Toughest job around, esp when there is no trust from the client. But, I suppose it's human nature to blame the only person who cares for you. May you find the peace that you seek.

Michael Winsett Posted 10 years, 4 months ago.   Favorite
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firstaccount Posted 10 years, 1 month ago.   Favorite
cpadilla I respectfully disagree. The position of Public Defender in itself is not evil, its the low pay, dealing with defendants with no money, having a philosophical methodology they stick to all the time, and not a great preparation for trial seem to be something they share in common.

How can a lawyer that has 20-40x the case load be expected to represent well.

Also why do public defenders continuously get worse deals then private counsel.

Also why are the winning statistics different. Why do private counsel win substantially more then public defenders. I think it's a combination of: overworking, low pay, high pessimism, usually worse educated and younger then private lawyers etc etc. So The list is long.

So yes A defendant does get to feel betrayed if the public defender doesn't assist anywhere nearly as good as a private lawyer and doesn't even pretend to want to do so.

Ravan Posted 9 years, 1 month ago.   Favorite
Those Public Pretenders don't even call your witnesses! They just want to be horrible at their "job" in the kangaroo courts. Better to go pro SE than involve with a pretender. Even if you need just a little help

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