Shoplifting, Larceny, Robbery, Theft Motion for Discovery

[HoosierDeb]

My grandson has been charged with dealing in meth, auto theft, and theft. He has a court-appointed attorney. He has no prior criminal record.

The attorney has not filed a motion for discovery, all that has happened since has was arrested on Sept 6, 2006, was a plea offer of 6 years and a trial date has been set for December 4th. The attorney will not return a phone call, respond to correspondence, or even stop for a few minutes in the corridors of the courthouse to let anyone know what is going on.

Also, he admitted to the police that he stole the cars (but he didn't actually do so). Is it possible to get an admission of guilt thrown out . . . like if he was under the influence when questioned?

I was told that if I was not pleased with the way the attorney is handling this case, to call his boss. I did, and guess what? He didn't bother to return the phone call, either.

Can my grandson file his own Motion for Discovery even though he is "represented" by an attorney? If so, would the state then produce this evidence to him while he is in jail? His attorney is telling him to take the plea, but we think he is only doing so because he doesn't actually want to do any work on this case.

Do you have any suggestions (other than hiring your own attorney, which I would do if one of them would be willing to take payments), on what you should do if your public-defender is not giving you effective representation?


Thanks for your help. Great website!!!


Debbie

 

[bchampe]

pd not representing..

public defenders have an enormous caseload. they only spend about 3-4 total hours on putting a case together. they don't have all the resources that the prosecutor does. it's easier to take the plea. the state has to turn over the discoverable materials. that is what makes the case. if you haven't recieved the discovery,you can't very well proceed to trial. if the trial date is set for dec.,more than likely it won't happen. his trial probably has three other older cases in front of his. they get priority. file a motion to compel. make them do what your grandson has the right to. as far as the pd and his boss. file complaints with the state bar association. don't let them force you into a plea you aren't willing to take for crimes not committed. what did he do? what didn't he do? what's in discovery will let you know. if they had a slam dunk case you would have already gotten the discovery. they have problems with it. if he's still in jail. file a motion for bond reduction. he should be released if they aren't willing to turn over needed paperwork for his defense.