I was arraigned for a felony charge. The police dept/court prosecutor told a particular atty to represent me, which happened.

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This detective was NOT my friend by any means. He threatened and tried to have my daughter placed in state custody if I did not change my story. I suspect he asked one of the public defenders,(that he knew personally) of the day to ask for my case. Which he got and my case has been sabotaged ever since. It has been 25 months and no motions have been filed, no witnesses have been spoken with, etc. Nothing. My question is; what recourse do I have if this is true?

Attorney Answers

3
Christopher Pearsall ·
You must have more than suspicions to go on. Based solely upon the scant information provided you could consider filing a misconduct complaint against the the officer who threatened you and tried to have your daughter placed in state custody (IF, you can show that actual affirmative action was taken without any legal basis to actually have your daughter placed in state custody. You also could consider whether you have the basis to challenge your assistance of counsel. If you are not being given the adequate assistance of counsel you can move that new counsel be appointed if you have a public defender. However, it is not unusual for prosecutors and/or detectives to know the public defenders. You do not mention the type of charge or what HAS been done, if anything, during the 25 months. The information provided does not indicate enough facts to know if it is proper or improper for motions to be filed in your case. Also, it is unclear what witnesses, if any, the public defender should be speaking to. In truth, these are only things that you might want to consider after being fully advised by a criminal law attorney. There are not enough facts and information for an attorney to give you specifics in this matter and to protect attorney/client privilege as well as your 5th Amendment right against self-incrimination you should not disclose those facts here. I highly recommend that in the very least you determine if you can obtain legal advice from an experienced private attorney experienced in criminal law before you make further allegations.
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Jonathan Whaley ·
You have the right at any time during the pendency of your charges to hire your choice of attorney. If you don't like your current attorney, go ahead and hire a new one! Now, if you had a free attorney appointed for you because you couldn't afford one and you still can't afford one, you don't get to pick and choose. Rest assured however, that the attorneys at the RI public defender's office and all court appointed attorneys are highly qualified and passionate in defending the accused. Speak to your attorney and find out what is really going on.
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Thomas Briody ·
There is nothing unusual about the way your public defender was appointed. Make an appointment to speak with your lawyer and ask how your case is proceeding.
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