I go to all of my friends' hearings to give him and his family moral support. He is being held on a PC 187 case out of the Downtown LA criminal courthouse. He also, unfortunately, has a trespassing ticket case out of Airport Court that is apparently a City Attorney's case. I know he has an attorney from the Alternate Public Defender's office representing him on the 187 case, but I want to know a couple things - Why doesn't the judge dismiss the trespassing case against him? I mean if someone is potentially facing life in prison, or a serious case, does it even make sense to keep a trespassing case open? And secondly, at the Friday hearing for the trespassing case, the judge said the hearing has to be continued because only the APD can represent my friend at every stage of the criminal process, and even though a public defender was present, she was not able to represent him. How accurate is this?
Um, if he's being charged with murder, I wouldn't give the trespassing charge another thought.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
The Public Defender may have a conflict, making their office unable to represent your friend. If the APD is representing him on the murder, they will represent him on the trespass as well. The misdemeanor will trail the felony. There is no reason for the judge to dismiss the trespassing case right now. It will be resolved when the murder case is finished.
CRIMINAL DEFENSE ATTORNEY - 20 YEARS EXPERIENCE This response is a general discussion of legal principles by a California lawyer. Additionally, this response does not constitute the creation of an attorney-client relationship, since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information. Finally, the above is not intended as legal advice, since it’s impracticable to provide thorough, accurate advice based upon the query without additional details and facts, as well as a complete and thorough review of the discovery in the case. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.
It is accurate or correct. The Airport courthouse judge did the right thing - waiting for the APD to be there, as the public defender's office has a conflict. If the public defender's office has a conflict, it cannot represent him at all.
It is accurate and ridiculous. While the PD has a conflict with the trespassing case, the APD or a privately retained lawyer, or himself pro per can represent him. He should just plead and get time served on the misdemeanor or wait until he is sentenced on the murder charge.
Since he has APD on the murder case, the PD has a conflict and cannot represent him. I don't understand why the Airport Judge didn't just tell him his sentence if he pled so he could get it over with....
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