10 Things To Request Of Your Public Defender / Defense Attorney 

1) request ALL discovery 2) document communication (email) 3) Request Document of plea offer + deadline + score sheet? 4) Request documentation of comm of State v witness 5) request deposition 6) request transcript of deposition 7) request copy of motions + case law 8) Be proactive 9) Request defence of charges 10) Be educated

1. Request all the discovery in your case. 2. Communicate with your attorney via email. 3. Request your plea offer in writing. 4. Inquire whether the state attorney's office has contacted the alleged victim. 5. Always ask to take depositions, especially in felony cases. 6. Request a copy of the deposition transcript if there is a victim or witness. 7. Ask for a copy of any motion to suppress evidence and accompanying case law. 8. Take an active role in your case by reading through everything and being involved. 9. If innocent, request that your attorney fight the case. 10. Be scared but be educated and involved in your case.

I was sitting with my lawyer at the courthouse when my ex girlfriend showed up for her deposition and was surprised I was there. When she asked what I was doing my lawyer told her I would be in the conference OOOOOO! The look on her face!!

I had a criminal lawyer who was a paid lawyer and he was unprofessional and did not act as if on my side at all.

I called This attorney personally he gave me so much inside on what I'm going in my case, So many problems arise in the field of attorney 99 of them but he's not one of them please keep up the good work The Law Offices of Roger P. Foley, P.A. he's a real one

My sons father took a case to trial and his PD worked against him the entire time. Refused to depose witnesses, never requested evidence and took him to trial without even knowing the entirety of charges against him. He was of course convicted and held to the max. A lot of PDs just do whats easier and work with the state

This is stuff we should learn in school.

I wish all Attorney's/Public Defender actually act like you

Nice job Roger,... I wish I had known these things when one of my family members was arrested. Very well laid out and easy to understand

The average American is illiterate regarding the law and how the legal system works. Your advice is spot on, and I'm sure 1 in 10 will GET IT. And fewer still will need it and do it. Preparedness is not how people--too many people--operate, and will be in a situation of culture shock with so many new things happening; they will freeze up and not remember a thing. Peace

I accused my conflict attorney of misconduct and she filed for a mental health evaluation and the judge refused to allow a cause hearing to discuss her allegations or substantiate them. I was found competent, months later I reminded the judge of the failure to maintain due process in a couple issues and while I was waiting in court because I thought I was there for a motion to dismiss the judge revoked my pro se right and assigned the same conflict attorney and also ordered a mental health evaluation, after the first one was stipulated without me being present . I feel like this is retaliation.

as a client - you don't ask for those information and documents - your attorney should provide it to you - if he or she doesn't - then you have a useless lawyer - your lawyer should do all that for you - that's what you are he or she is your attorney ! this video is rubbish !

I had one who said, "unless he pleads guilty, I'm out of here". (Charges were dropped)

It all must be in writing. Lawyers forget verbal exchanges with clients often and too late for help.

Somewhere I read 95% of cases take a plea, a lot of people are innocent but it's about damage control not justice...

All fantastic advice. A number of years ago I found myself in a bit of a predicament and a family member referred an attorney who I could "trust", not have to second guess or babysit. I naively paid him in full upfront and trusted him. I remember sitting in the courtroom on my 3rd appearance, and he hands me a stack of papers, whispering to me "This is the discovery read through it and let me know if anything is incorrect". About 15 minutes later I was accepting a plea. The outcome of my case was fair so I didn't feel totally screwed, but I'm certain things were overlooked and as a result, bargaining power was left on the table.

If your 100% not guilty...like serious no joke ...you may get away with a public defender ...but stay away from public defenders they work for the state your just gonna get locked up

1st establish status,observe and protect all of the alleged defendants rights. 2nd compell the court to identify, subject matter jurisdiction.

Liked and subscribed. Thanks I definitely took notes. I'm fighting a criminal case in a PA county currently and I intend to utilize your tactics to protect and educate myself further

As a future criminal defense attorney, I love your passion and convictions!

Mr.Roger Foley, thanks you for being a Angel. I wished I could have had you for my daughter.Or better educated myself more or even ask questions. It’s sad when you don’t understand what’s going on, and you believe everything being said.. I’m so heartbroken when you have no win or fight from someone you trust to fight for you,But I’m not going to sit here and disrespect anyone,it’s has been a lesson Learnt. A mother with a broken heart.

This is amazing. I have watched dozens of videos looking for information. This is perfect

Roger, you are a genius!! you know law!!! This guy knows whats up. Great attorney.

Great video! Please keep this up! I could watch new ones everyday

No reason, ever, to accept a plea if you're innocent? I used to believe this until ive seen people get arrested for some nasty things, take a plea deal, and get released. Are those people guilty, or did they just take the plea so they didnt risk prison time? Or would this be a scummy lawyer trying to just get the job done?

Get written plea, it's expiration date, always ask for depositions, copy of transcripts if needed, email defender/pretenders, copy of motions and accompanying case log, tell them if you had enough time with lawyer no then no. Take active role in case, be involved. If innocent always request them fight the case and to work it up. I plead guilty in my past and its ruint my life. Not this time especially since I'm innocent. The logging the defenders requests and getting more time to prepare will be vital this time for me. Be educated! Thank you for this. To old and wisend up to just take this crap this time. Praying eventually I can afford a real attorney this time but will do the best with what I can however I can. Help me help you. Good advice. Wish you were in Southern Illinois lol

Lol. Got sentenced to 5 days of community. So I did 3 hrs for each day. Prosecution said that I have to do 40 hours. I told my lawyer that said days, not hours..judge agreed with my interpretation and the charges were dismissed. They won't make the same mistake again I'm sure.

Truly wish you could help me with what I’m going through right now! I desperately need a honest defense

Good thing I found your channel The question is: Wouldn’t the public/private attorney be mad of all the request?

I really appreciate the insight and learned alot in this video now I know how email my public defender, keep records of better representation in my case. Thanks!

Having dealt with criminal defense attorneys, I have to say this is excellent advice. If you are locked up, authorize a family member or close friend do the emailing and retain the record. He can print it and sent it to you in lock up as long as it would not be dangerous if discovered. Also you wouldn’t want any inmate to see it as there are certainly people there who will lie for the government if they can get something for it.

Public Defender I thought a public defender was supposed to defend the public not defend a criminal charged with a crime. If a public defender's job is to defend a criminal, I'm gonna be a professional criminal so I can be defended every time I commit a crime.

you only need 1 thing to ask your lawyer - do your job

When you retire from the bar perhaps you should consider being a motivational speaker! This is spot on not only for criminal proceedings but for life in general. I always get as much as I can in written communication for covering my @$$. You can't use depositions in CA for the most part on criminal cases though...

Never talk to police

What if the public defender is working against you? He has failed to provide any information such as motion to discovery etc . What can be done ?

This was really helpful!! Thanks for the info

Hello sir what to do when you have received two illegal tickets you reported it nothing happened and you need them out the court due to another court issue... in both cases the officers said incriminating things about the stop..but the now attorney don’t want to pull the video for proof of the wrong of the officer. And the illegal way the tickets was given... one officer didn’t write it up to appear before a judge he just wrote up a made to pay ticket... how do I fix this in my new case..?? I go to court in two in half weeks from today!

It has been my personal experience that not once has a Court appointed attorney ever listened to me no matter what I had to say. And when I asked, politely, what have you done so far for me/ The answer was, I have done nothing for you and will do nothing for you. That's my experience in upstate NY.

Public defense is paid for by the same entity as the prosecution is..therefore they are beholden to such..you can request the funds to hire a private attorney. You may need to fight some, but they eventually have to give in to the request

I’m not even a law student but damn this is interesting

Don’t breach that fiduciary duty

Being scared or in fear is one of the lowest vibration, that's why people wearing two masks suffocate themselves because they live in fear. You need to be confident and productive and consistent and Persistent

I don't trust lawyers...and definitely don't trust public defenders....however I wish I would have known information about this a long time ago....my attorney didn't do anything on my behalf...lied to me about everything and it ruined my life not knowing information that should have been told to me.

If a homicide detective search warrant and takes my 17 yr old for questions and keep him on a different charge are they hoping for him to talk

Thank you so much for sharing this valuable information!

I agree with a lot of this advice, but some of it would only apply in certain jurisdictions. Not all states allow for depositions in criminal cases; even felonies. Discovery disclosure rules can be weird. For instance, in some states, anything recovered via subpoena duces tecum cannot be disseminated to anyone, including the defendant. You can show the defendant the subpoenaed material, but you cannot give him a copy. This also applies to grand jury transcripts. Banking on a ‘missing witness,’ including a missing victim, has serious limitations. Depending on the severity of the case, some prosecutors offices will move heaven and earth 🌍 to get a witness under subpoena to testify. If the witness refuses to testify even after being served with the subpoena, they request that a warrant be issued for the witness, and the judge grants it. I have never seen, or even HEARD, of a felony getting dismissed because the victim didn’t show. Where I work, setting a felony for trial because you think/hope the victim won’t show up is a terrible strategy; not only will it not work, but it’s guaranteed to make your offer worse. The ‘point system’ thing sounds like it is unique to Florida. With that being said, you should know what the penalty range is for your case, and I agree that getting it in writing from your lawyer is a good idea.

simply require the accuser to produce a valid cause of action... always challenge jurisdiction... Transportation Script - ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-fzMi0WHduZI.html

What do you think about a plaintiff that initially lied to the police to have a charged placed on a person, currently now the plaintiff has been relentlessly harassing and stalking the innocent defendant while their case is open.. Also say the plaintiff is even harassing and trying to intimidate potential witnesses to not want to testify. Can a plaintiff be charged with intimidation of a witness?

Lawyer made millions errors ignored facts. Ignored 61 emails over 6 months refused witness

One thing I want my Attorney to turn any Judge or Prosecutors over to the State Bar when they violate any ones rights .

I was taken to jail and in doing so the officers violated the Truth to Arrest Act, kidnapped me because I couldn’t tell him what he wanted to know and stood my ground when he cursed at me and became highly aggressive. Used my disability to challenge my manhood and invoked my 5th Amendment. He told the other officer,” Fuck it, cuff him, throw in the car!” I wasn’t told I was under arrest, what I was arrested for or read my Miranda rights although my codefendants were.

Truth... Truth.... Suppostobe my colega at J. P. Morgan company doing that and not co operating with whom hijacking my data identity 👌👌👌👌👌👌👌👌👌👌👌👌👌

Thanks, much need info. 3.850 I’m going to go see what this is about. My Public Pretender is less than …. Umm yeah

My name is Kendy. I'm emailing you. Great 👍 job

What do you do if the prosecutor is corrupt? She was the one who originally sent my ex to jail she did very little when he violated his no contact and he is vindictive and set me up and now she is charged me when I was trying to help him he said he was going to commit suicide.

My cousin is getting railroaded by Mendocino county, CA. Judge, DA and public defender all keep trying to talk him into taking any plea deal that gets offered. Se said he didn't do, would never do anything like that, will not plea guilt. A girl (16yo / family's friends) said he raped her and tortured her. Steep accusation. So his mom had to go through all of his messages, friends, family messages, to put together a 3 month time-line to prove he wasn't anywhere near her. So prosecutor changed the incident dates. Do they had to track down another 3 month period and still, he wasn't even in the same state for most of the time. Today is 2 months in jail, they said they might drop that case because they can't get accuser to come in to the meetings. And now they said they have the girls older sister - (21yo, who accused her ex boyfriend of rape and he's in prison) - she's saying he might've raped her. And they have a picture of a bruise that came from same time period but it's the next 3 months after first accusation. They previously had a $1mil bail and wanted 9 year sentence for the first one, but, today, now that they're going to drop that case, they want 100 years for the older sister's case but it's only $100k bail. Public defender is a crazy person, wears dirty filthy suits to court, keeps telling him to just plea guilty and work with the prosecutor and hopefully you'll get a light sentence. Need to sue the county for this woke prosecutor trying to score "me too" points.

Request all discovery. Thank you.

Thanx very helpful info's..

Ha, ha Try that in my area. I asked for all the discoveries in my case police report Warrant for my arrest Video of the Interrogation Video of the camera being damaged by another My vehicle has logo states carpentry I was the prime suspect because of the logo. I have my US constitutional rights violations.

I also tried getting in contact with the DA to give my story but that didn't work either. The incident happened july 2023. I was just aware January 20 2024 that i had arrest warrant. Luckily getting it tooken care of. Im just frustrated that i just want my voice heard. Stop silencing me. I want my story heard and i want my Public defender to actually explain why im being charged, what plea offers our available? Can i get this in writing b4 i see the judge. I dont wanna get lied into taking one deal and get another .. ive read articles where it has happened. If the event happened July 2023 why did i just find out 6 momths later ? I found out on a background check. 😂. 😮😮

Will this information be good for Texas law as well?

Never take a plea bargain unless you know you did something wrong

A conditional acceptance is a counter offer. I conditionally accept your offer upon proof of claim, I would like to settle the alleged matter honorably and promptly.I must first speak with the claimant. Who is making the claim that something is alleged owed?

I was stopped in daytime for my daytime running lights, the state police arrested me impounded my private vehicle he made up 4 charges, interfearing with gov operations, resisting arrest, led violation, no d.L. he didn't even have probable cause to stop me, at trial the judge said his opinion is that i violated auxilery driving lights and sent me to jail 12 months interfearing, 6 months resisting, i am out on appeal bond, jury trial july 21st, i hired attorney and he said i will most likely be found guilty due to the officer thought i was in violation, this is in henry co.Alabama, the police even put on police report my condition was on drugs so i had a hair drug test done that went back 90 days it was negative, this is crazy to have to put up with this abuse by public servants, i think my attorney is trying to throw me under the bus.

Liked the dialogue, and truer words were never spoken.. BUT, the best person to get for representation is yourself. With all the knowledge at the touch of a key there is no reason to have a fool for a client.. I'm a retired construction whore that has a tendency to get a ticket every so often. I found out a long time ago that talking to an attorney is bullshit, simple fact is I was tired of being the smartest person in the room. Most times all it takes is to start filing motions, and keep filing motions. I want telemetry from the police car. Shit, I filled a motion once to find out what the cop had for lunch. Discovery, discovery, discovery... If denied? Word it different but same intent.. in the end comes down to one thing. GO TO COURT PREPARED!!. Don't stutter, stand up straight, say yes or no, not a-ya or nah, nice clothes a must, look at who you are talking to, and look them in the eye, and visa versa. So much truth in the eyes. Your secret weapon is, your power, is tell the truth. It is empowering.

I have a cdl and recently caught a speeding ticket and I requested to the DA if I could do community service or take a drivers course to get the fine down to just payment only and not on my drivers record , is there any tips I should take before I speak to them ?

My court appointed federal attorney refuses to discuss my case with me and is very hostile and rude. What can I do.

Best video I've seen on these topics. Thank you.

Ive been offered a plea but refused until i was offered deferred prosecution. As an innocent person with only the word of a Caucasian woman against me should i take the offer ?

if your not guilty never give a plea! I write a letter and as the 3rd party lasisan for a person, kind of like the old style court runner for information. Its been a minute but ig thanks

What do you do if the the accused is a severely schizophrenic patient in the "civil" state mental hospital who was expedited there because they were a danger to themselves or others and while hospitalized, unstable hit DCF staff resulting in multiple felony assault charges? After being taken to jail, became suicidal, found incompetent and now is in the forensic state hospital. How can the patient do any of the things you suggest? Should the family be gathering this information? The public defender is not even told where they sent the patient until they receive a report from the facility. Patient needs to remain in treatment at a secure mental hospital and not punished or isolated in a prison or jail. The family did meet with the asst state attorney who also wanted patient to receive treatment and not punishment as well, they say the judge is empathetic but everything is out of our control. He gets bounced back and forth between the legal system and DCF.

And in un lawyer like fashion... all this solid information.... FREE!!

# charges were pressed because i didn't open my door for a cop, the cop didn't have a warrant. #

Please review my criminal case which contains dozens of court civil rights violations. I have a spreadsheet in my videos that contains all my court documents that can be read without needing to download anything.

Great information!

Once I was accused of buying cigarettes for a minor. It supposedly happened during my 15 minute break at work, between 2:00-2:15pm, & they were supposedly bought at a store next to my job. It was also an off-brand of cigarettes I had never heard of. I even went to the store later on my own & asked if they carried that particular brand & that particular type (full flavor 100s) & while they did, they were being discontinued or something & they were only selling the remaining stock...& they did not have any of the "full flavor 100s" left. I mentioned that to my public defender & said that sales records would also most likely prove that no one - let alone myself - bought a pack of those on that day during that time frame. But he wouldn't even try to!!!! He flat out refused to!!! & I know they CAN do that, because I've seen prosecutors & cops use sales records to convict someone before. So I don't know why my lawyer wouldn't do it.

Thank you for taking the time to inform everybody in a criminal case I appreciate your assistance it is valuable for someone that's being charged and it doesn't know anything.

Do I ask my attorney, for a copy of the motion to suppress, if he hasn't placed one yet?; or after..

Let me tell you in Hutchinson Kansas Reno county district Court your advice does not work I've been a paralegal since 1977 and these lawyers hate that because I demanded to be represented in a certain manner they told me since I was a defendant they control strategy in the lawyers do not work for the client it's the other way around otherwise your videos spot-on

Great vid 👍

I’ll ask for all the discoveries in my case and I got what they give me but they didn’t give me all the body cam footage that I need such as the canine handlers body cam And I was told that’s all they had and in the body cam footage I got the police officer that arrested me was coaching the canine handler and what to say what do I do about that?

Does this speedo apply to texas when asking for the discovery?

I did non of these things in my case, can I be redeemed after being labeled as a criminal. Case over in favor of the defendant 6 months past now

I *like* this guy ......... So if I ever needed a lawyer in the USA he'd be a good pick. WHY? Well, I've done Jury service. One Lawyer was a snooty 🐄 The other presented as friendly, likable, funny & honest. NO prizes for guessing which had the hearts of the Jury.

Unfortunately I found this after the fact I was charged with grand theft for 3000.00 the victim would not agree to a diversion program and then offered me a misdemeanor theft guilty which I said no. So when I took the grand theft and adduction withheld they waited till the last minute and charged me with organized fraud . I was so tired I went with it. Now it's hard to find employment ect. That was excessive for it unpaid restitution and. Completed probation. Is there any complaint I can file?

What if your hired paid attorney never defended me and allowed the court to violate my rights as I'm an innocent man and then bar association only info they had on their records of attorney's was his p. o. Box that's in the mountains and his cell phone number the only Info they had on my attorney mark MacDonald his attorney license number and his attorney office address and phone number was never registered at all with the bar association so what can I do to my Crooked law breaking illegally playing attorney he needs to be put in prison so I can I go after him he has ran and is hiding out

Thank yoy, my daughter was assaulted by her husband. She had a dislocated hip, he assaulted her, choked her til she passed out, had her maced, then had his friend who did not witness anything, call the police and say she assaulted him. Now he won't return her assets so she can hire an attirney. The sheriff's won't help

I think I will talk to you back later in the week . I have save your information . Please hold on for some while . Take care .

Thank you for this I appreciate u ❤

thank you for the info! i pray i win my case God bless

My public pretender doesn't speak with me at all.

That intro and outro music slaps though

What if you're in jail and cannot receive emails.

I love your passion wish u were in Jax we've been waiting 9mos for discovery and 9mos for a jail recorded call that would clear of this case.

What if they have a mental condition and you are not allowed to do all this for them they always get railroaded

This is good information however if you're already incarcerated you will not have access to email or many other tools to help your situation.

People need to know they can give limited power to attorney.

Thank for this great bit of information, I appreciate you for your time.

My lawyer won't respond to me will you. Doubtful