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Should i take this case to trial

Omak, WA |

ok my public defender is not doing the job he should please help.
i have 1st theft 2nd burg and 2nd m.m. the evidence the state has against me is a person stated that i brought items to his house and said "i would be right back" he then stated i never returned to pick them up. and the whitness has mental/phsyco problems not sure the exact ones but it is documented with doctors. the state has pictures of tire tracks and shoe prints. when i was arrested they got prints from my car and they did not match they also took several of my shoe prints and they did not match either. the cop stated i was hiding in closet when arrested wich is true but i was scared due to cops slandering my name over public radio. i was told this was a tactic cops use to scare public so they turn me in or lure me

after being arrested a week later get 3 new charges, a sherrif had my car towed from private property. the car was not yet put in my name, i had a tool box in back like most people have it was sealed and shut and i also had 2 pool sticks because i play pool often and a few of my clothes were thrown in back seat. cop stated that he saw burglary tools by glancing threw my window and remembered hearing about pool ques being stolen 4 months prior and wanted to try linking them together. i had bolt cutters and walkie talkies in car. the thing is, is that my car was clean meaning all tools were in toolbox meaning the bolt cutters which were unused were in a case with sockets ,wrenches, etc. the walkie talkies were burried in a box of my clothes and my pool sticks were in cases wich i bought from walmart. i have three whitnesses that saw cop digging through my car not glancing threw my window wich i think is illegal. can i fight this case also my p.d. is lowsy and will not make effort to help me

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Attorney answers 3

Posted

Only you can know if you want to go to trial. You have a right to competent legal counsel. If the PD is not doing the job, contact him have a sit down and if you are still unhappy ask for conflict counsel to be assigned.

As for the proof, I have no idea what other proof the prosecutor has but if there is no other physical evidence, and if the only witness is mentally ill and unfit to testify or at least is attackable on the stand, then I would think you have a chance. That said, only you and your attorney can really answer your question.

Good luck.

This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

Posted

The previous attorney is right. However, I will add that you have the right to meet with your attorney's supervisor and have him review the work of your attorney and to ask the supervisor for his or her opinions on your case.

But the final decision to take a plea or take to trial is yours. Your attorney must abide and follow your trial instructions.

If you still have concerns you can hire private counsel but you must pay for that. The state is not required to pay for your private counsel.

All the Best

No attorney client relationship is established or intended. Contact a local lawyer for specificity as to the facts in your case. This is for general information only. Check our website for more information as to disclaimers and information herein

Elizabeth Rankin Powell

Elizabeth Rankin Powell

Posted

In WA, the state allows an accused access to a public defender, but if the relationship sours, the defendant can fire the PD and the County has to get them conflict counsel. E Powell

V. Iyer

V. Iyer

Posted

Thank you that nice little twist. WA is like CO except in CO accused gets PD on PD days only.

Posted

You should not take it to trial until you have a new lawyer. You have no confidence or rapport with your existing lawyer. These are serious felony charges, crimes of dishonesty that will affect your career for a long time, and you need to take this absolutely serious. This is a potentially life altering event. So, speak with whom you need to speak but arrange to hire a quality attorney immediately.
At your service,

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