Recently my 16 year old son was appointed a public defender after my wife had to call the cops on him for punching and breaking his bedroom window and getting in a fight with both of his brothers while I was out of town.
Somehow now this public defender who I haven't spoke with has cohersed my son into some sort of investigation that basically blaming me for for his behavior. I don't really under stand what's going on but all of a sudden I feel like I need to defend myself. Do I need a lawyer and can I fire this public defender??
Dan Tudor DanetCriminal Defense AttorneyTustin, CA ·
You can definitely seek private counsel. Use the "Find a Lawyer" tab to search for an experienced criminal defense attorney in your area. Preferably one that has experience in juvenile cases.
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
It sounds like you are now the target of an investigation. As such, you need to have your own lawyer. This is going to be awkward as your son's interests and your own appear to be in conflict. Your son can ask for a different PD, but the court is unlikely to assign a new PD unless what his current lawyer is doing is not a reasonable strategy for defending his client, who is your son. Your son could also get private counsel, but if you try to hire a lawyer for him, the potential candidates are going to be concerned about the conflict of interest.
It sounds like you need a lawyer. A criminal defense attorney from San Diego County preferably. YOU cannot fire your son's lawyer. Sounds like a child abuse investigation and/or prosecution could be coming your way.
We need lots more facts, but here's what sounds like happened:
You son was arrested and the DA's filed a juvenile petition (that's the equivalent of charging him with a crime, but in kiddy court). He was appointed a delinquency public defender. During their representation, the attorney determined that the best defense is to place the blame on you. This is not uncommon. Before you blame the attorney, realize that he is doing the ethical thing by representing your son, not you/your wife. His duty is to your son, and he determined what he believes to be the best course for him.
Now the ball's kicked to you. It does not sound like you've been charged yet, so you won't be entitled to a public defender. If you can afford an attorney, you should consider hiring one to help you with this investigation. Be careful what you say, because anything you say CAN AND WILL BE USED AGAINST YOU.
And no, you can't fire the public defender for your son. He is acting in the best interest of your son, and it'll create an interesting conflict for you to step in and fire him. Honestly, it is better to focus on defending yourself than to disarm your son's attorney. At the end of the day, he's helping your son, too.
