Was my due process violated??

Asked over 1 year ago - Grand Rapids, MN

I am being charged with 2 counts of 2nd degree possession and sales. My publiuc defender isnt letting me see evidence ie dash cam or wire. I was expressing my concern at our last meeting (which are always cut short because he has other clients to lesave the office and go see) he flat out told me while putting in his jacket that I should write a letter to my legislature to ask for more money for punblic defenders cause we were done (after ten minutes) he had to go cause he had paying clients waiting. The possessiom charge is easily beatable due to an illegal search, thats what i was told by a second opinion from joe leoni a criminal lawyer in virg mn. My lawyer doesnt wanna do the work and is letting me get taxed hard core. As for the sales charge well its crap .... please help

Attorney answers (3)

  1. Andrew M. Leone

    Contributor Level 20

    5

    Lawyers agree

    Answered . I don't think you due process is being violated. However, if you are having issues with your public defender then you may be able to request from his supervisor that you be appointed a different public defender. The issue is that although you have a right to an appointed counsel, you do not have a right to any particular appointed counsel. Public defenders are all attorneys and they know the law and rules of evidence; however, often times they do have high case loads, but that doesn't mean he isn't working on your case.

    Of course, you can always seek to retain a private attorney.

    I wish you the best of luck.

  2. Christian Ryan Peterson

    Contributor Level 16

    3

    Lawyers agree

    Answered . You have a right to an attorney of your choice, but sometimes you have to pay for that choice. You do to get to choose your public defender. It is not a due process violation to have an attorney who does not spend time with you, but depending on how bad it gets it may be a violation of your right to counsel.

    Also, I would never tell anyone that a case is "easily beatable". There is no such case. Be very skeptical of such claims. It's usually an attorney trying to sell you something.

  3. Thomas C Gallagher

    Contributor Level 17

    3

    Lawyers agree

    Answered . It sounds like you are feeling frustrated with your Public Defender. They are underfunded, understaffed and carrying a heavy caseload, but if you try again it sounds like your Public Defender will be able to help you see the evidence you wish to see. You can try to get a different one appointed, though that might not solve the problem of time pressure. You could also try to find a way to retain a private criminal lawyer. Whatever you do, relaize that this is your one chance. Make the best of it.

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