How to Get the Most out of Your Public Defender

Not everyone can afford a private criminal defense attorney. In fact, most people charged with crimes in Massachusetts end up with a public defender (or court-appointed lawyer).
Boston criminal defense attorney Joseph B. Simons provides tips for people to help maximize their use of a court-appointed lawyer, such as maintaining good communication.
Attorney Simons has been recognized by his peers, earning a 10 out of 10 rating on avvo.com, being named a “Rising Star” by Super Lawyers, and a “Top 100 Trial Lawyer” by The National Trial Lawyers.
If you or a loved one is facing criminal charges and looking to hire an experienced criminal defense attorney, call 781-797-0555 to speak with a Boston criminal defense lawyer to explore your legal options and discuss your case. Visit www.jbsimonslaw.com for more information.
#SimonsLawOffice

[@Ahriman_II]

You won't. They work with the prosecutor. You are just another number. Make them take it to trial, that way there's public record of them giving zero effort on your behalf

[@tomas746]

Follow this guys advice and you will go to prison lmao

[@bigdave8300]

The reality and the truth are 2 different things, prisons are full of people who couldn't afford an attorney and had to be represented by a public pretender

[@tomas746]

Prison is also filled with people who spent 20k on a hopeless case at trial

[@multimeter2859]

State governments won't provide the public defender office with adequate funding because they're confident they will never have to use them.

[@minnieviola7304]

Good video. I am a public Defender in Missouri and I really try to get my clients to email me with information or questions. Calls are simply not effective communication as i am often in court, and if i am in the office, a cold call is very challenging to answer, particularly when i am working on a different case at that time. Our office automatically mails out discovery to the defendant when received, and if they can not view media discovery, the client can set up an appointment to watch in the office.

[@Not.Guilty]

Thank you. I agree - email communication is preferred, so that you can take your time to give thoughtful answers. Also, the communication is preserved so if the client doesn't recall what was said, they can go back and re-read the email response.

[@thesbleeder2162]

1. Let us do our jobs and stop calling every day.

[@Not.Guilty]

Very true. When clients call every day for an update, it takes away time that could be used for research/preparation/etc.

[@Chayliss]

So can thier buddy buddy relationships with judge, prosecutor etc... Be circumvented if you dangle a potential feather in thier cap for future flex if you have a case with a real chance for winning. And do a solid and do the early work for them then they just have to study and execute after having thier early work done for.them?

[@alashbro]

Great suggestions! Please do an updated video to tell family members what they can do to help falsely accused who are in jail and aren't allowed to have access to Internet, incoming phone calls or even pens and paper. We the family aren't permitted to get the police report and can't talk to the judge. The public defender has barely talked with his client and isn't presenting their client's side of the story! What can we do????

[@Not.Guilty]

Thank you, and I'm sorry that your family is going through that now. I will add that to my list of potential future videos. As for the police report, unless it was specifically impounded by the judge, you should be able to get a copy from the court clerk's office. Also, if your family member really does not have a good feeling about the current attorney, he or she can ask for a new attorney to be appointed.

[@alashbro]

@@Not.Guilty We have been told by the police and the public defender that we can't have a copy of the police report. Will try the court clerk.. thanks! Unclear how to communicate with the judge given he is in jail.

[@Not.Guilty]

@@alashbro You can't communicate with the judge. Good luck getting the police report from the clerk's office.

[@alashbro]

@@Not.Guilty I've heard of situations where interested parties file ex-parte briefs to provide their perspectives for a case. Would something like that be possible in our situation where the public defender hasn't provided the court with many important facts to support the defendant's innocence and hence only the accuser's story has been told and the defendant is being railroaded?

[@Not.Guilty]

@@alashbro If you want, feel free to call my office during the week and we can have a brief call about your family member's situation.

[@user-lr6qn8oj4h]

What if he wont ancer you just till u that he will call you and he never does

[@Not.Guilty]

If that keeps up, you could ask for another public defender to be appointed.

[@eileenarmstrong5267]

99% of people that have a public defender in this county go to jail if you have how much Justice can you afford will his father and I will pitch in because we love the boy and all the letters that were written on his behalf to the judge were discarded because they were written to the judge not the public defender I last minute had an aid send in a letter to the public defender's office which was the only letter that was written and read I'm permanently and totally disabled I will not see my son before I die and I don't know what he's going please help

[@Not.Guilty]

Sorry to hear that you’ve had that experience. If you need help finding an attorney in PA, feel free to call my office at 781-797-0555 and we’ll try to point you in a better direction.

[@sanoahmed6085]

Thankyou, I would like to know what this means “Are you looking into motion to dismiss or motion to surpress?” And what is a copy of docket?

[@Not.Guilty]

A motion to suppress refers to either statements or evidence that were unlawfully obtained by the police. If the police violated your rights, your attorney can file a motion to suppress, to ask that such evidence be kept out of trial. A motion to dismiss can be based on a number of grounds, and is most often based on a lack of probable cause. The docket lists the charges and events of the case.

[@sanoahmed6085]

@@Not.Guilty Thankyou so much sir, I appreciate you. Any tips for my first hearing of petty theft felony case?

[@Not.Guilty]

@@sanoahmed6085 Usually not too much happens at an arraignment if you're summonsed to court (as opposed to arrested). You'll enter a plea of not guilty and get another date. There might be some terms of release and potentially a bail argument, but bail requests are more typical when you're arrested and brought to court by the police.

[@sanoahmed6085]

@@Not.Guilty yes it’s online court, and I have been assigned a public defender. I am still trying to contact him but no luck so far. I emailed and called. How does one get out of a felony charge? Thankyou

[@Not.Guilty]

@@sanoahmed6085 Good luck on the case. How to get out of a felony charge is too big of a question to answer here, and depends greatly case to case on how best to defend against specific charges.

[@Danny-dh2pg]

I heard you should never take the first deal

[@linksworld]

Sometimes that's good advice, but it really depends on the case. In some circumstances, the plea offers get worse closer to trial, since the prosecution is more likely to be lenient if they don't have to go through the hard work of preparing for trial. On the other hand, there are situations where trial preparation turns up weaknesses in the prosecution's case and they are more likely to give a better offer.

[@Danny-dh2pg]

@@linksworld yeah I had a case where they only offered a deal of dropping something because they couldn’t prove it anyway

[@Rebel2Geek]

They do civil cases?

[@Not.Guilty]

No, they only do criminal cases. At least here in Massachusetts.

[@stick9758]

If you’ll speak back I have some questions. I am trying to be a stay at home dad of 5 but people are fucking nuts and I trained for over tens years to be a killer but don’t look it so people fuck with me! The records show who wins. It just happened again after at least 6 years of skating by but this time is different, I was able to ONLY push the person which in my eyes is the absolute GREATEST outcome! What can or do I do? Arraignment is October 25, Appleton Wisconsin. Battery/ disorderly misdemeanor

[@Not.Guilty]

Sounds like it could be a self-defense claim. The procedures are different state-to-state, so I can't offer any specifics. Here in MA, self-defense can only be raised at trial, and the prosecution has to prove beyond a reasonable doubt that your actions did not constitute self-defense. Good luck in your case!

[@panfergan]

I’m being ghosted by an attorney I paid $7500 to.

[@Not.Guilty]

@@panfergan not good. Is the lawyer on trial or on vacation? Sometimes lawyers are busy but if it’s happening more than just for a short period, I recommend first sending an email to the lawyer expressing your concerns; if that doesn’t help, you can terminate the relationship and should be entitled to a partial refund (see your fee agreement, which should address what happens).

[@panfergan]

He doesn’t have the time of day for me.

[@davidjamesMKE]

If the supposed victim wants to drop the charges how do they go about it and is it even possible?

[@Not.Guilty]

It's not always possible. If an alleged victim wants to try to get charges dropped, that person can: 1. tell the "victim witness advocate" from the DA's office about their request, or 2. consult an attorney to see if there is a legal way out of testifying (i.e. a fifth amendment right or marital privilege), among potential other avenues.

[@eileenarmstrong5267]

Slammed him he didn't none of the things that they said he did please in one Pennsylvania can you recommend somebody that can see him I contacted an attorney and Philly and my son's father who is my ex-husband contacted and lawyer who is in Pittsburgh they said his sentencing was outrageous she threw the book Adam but Warren PA is known for that how can we find him a lawyer he made a pre deal and it was outrageous

[@felipefowler7842]

What do If on my paper work the public defenders name is not on it??

[@Not.Guilty]

What paperwork? I’m not sure I understand the question.

[@felipefowler7842]

@@Not.Guilty sorry . I just was arrested on the 26th I was appointed a attorney while in jail when I went to court via virtual court but when I went the attorney told me I didn't have any offers and I had to go back to my cell

[@felipefowler7842]

I got no further information. Then I was bailed out then when I received my paper work at release it had no attorney name so I dont know how to even contact them

[@felipefowler7842]

I dont even know the date of my next court date. I'm not sure how any of this works , and I don't even know how to go about getting the information

[@Not.Guilty]

@@felipefowler7842 You may want to contact the court clerk's office and ask them about your next date and the name of your public defender. They should have that information.

[@kdott9476]

Lawyers are all the same.

[@Not.Guilty]

Have to disagree. That’s like saying people are all the same.