coolusername2007 wrote:My basic belief is this.Aren't public defendersrookies? I wouldn't want a rookie handling my case. Experienced prosecutors eat rookies for lunch. Don't believe me, just look at the financial demographic of those in prison, most aren't wealthy.
A PD makes up for out lack of procedure. Many of us know the laws well enough and can help forumlate and aid in our own defense. How many standard users of PD's can say that?
Using a public defender instead of a private lawyer is that often PD's have just a good a relationship with the judges as the ADA's do. This balance and relationship can also prove to be helpful.
Don't underestimate the PD's. They are there for a reason and I doubt it is because they just couldn't find any other job.
When injustice becomes law, resistance becomes duty.
Depending on where you are, you should be lucky enough to be poor enough to be assigned a public defender. They are often the best defense attorneys in the jurisdiction. When I was a prosecutor in CO, I could not have hired a better attorney than I could have had for free if I was indigent. They are not all fresh out of law school; some folks make it a career.
I will add though, that to date, I am the only person in CA that has actually been charged with anything OC related. Others have been arrested, but not charged.
This might actually be a good sign though.
Others might be able to escape such if they keep their ID secret. The only reason they could charge me was because of their illegal search and seizure of my ID.
Back to the PD situation, we might need to try and find out what the qualifications in an area are so that you can be adequately prepared.
You should hold pretty firm that if you are going to be charged it will likely only be a 626.9 charge. It is the only law they could bastardize enough to possibly get a conviction.
olypendrew wrote:Do you have a choice of PDs or are you assigned one? Getting a career PD would not be a bad option, but getting a total rookie could be disastrous. And just becuase I know some penal codes doesn't mean I know the law.Depending on where you are, you should be lucky enough to be poor enough to be assigned a public defender. They are often the best defense attorneys in the jurisdiction. When I was a prosecutor in CO, I could not have hired a better attorney than I could have had for free if I was indigent. They are not all fresh out of law school; some folks make it a career.
The problem with a total rookie PD could be a case where the client, who knows a few PC's and can articulate his/her position into an argument could end up leading a rookie PD down the wrong path because they don't know much better. But really I just playing devil's advocate here becuase I haven't a clue.
"Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin
My experience with a Public Defender was a good one. Although it was a relatively simple non-OC case.
I agree with the idea, but not sure I would want to risk my liberty on a PD.
Really half the battle is know courtroom procedure. The other half is putting in research time, which we have collectively done already.
I'm fairly confident a PD defending an OC client could simply come here and ask, "hey, point me in the direction of case law on this situation," and we would have the answer.
As for the 'rookie' argument... I suppose that may be a valid drawback. However, remember that the DA's office suffers similarly. I have no idea, but I'm guess both the DA and PD offices have many attorneys of varying skill who work under the direction of more experienced attorneys.
What I really like about the PD option is that it not only conserves our resources, it also depletes the state's resources which would otherwise be used to prosecute/persecute us further. It would be an easy way to hit 'em in the pocket books without (or in addition to) filing tort.
I have learned a few other things that might help us as well. Case law is great, but learning jurisprudence and some other legal concepts like the Rule of Lenity and such. . .
Learning how to argue evidence and such helps.
Maybe that is something we can also try and due is more completely chronicle legal arguments in preparation or something?