The Role of a Public Defender: What to Expect

Handcuffs Gavel case Dismissed 200X178Public defenders play a crucial role in the criminal justice system, representing individuals who cannot afford private legal counsel. However, due to limited resources and heavy caseloads, there are several areas where public defenders may face challenges. As a client, understanding these limitations can empower you to take proactive steps to improve your defense. Here are five common issues and what you can do to help:

1. Delayed Access to Police Reports

Issue: Public defenders often wait to receive police reports from the prosecutor’s office. This delay can hinder the defense’s ability to build a strong case promptly.

What You Can Do:

Read more: The Role of a Public Defender: What to Expect

9 Essential Actions You Must Take to Help Your Public Defender Get Your Case Dismissed

Gavel and LawBooksPublic defender offices are underfunded both absolutely and in comparison, to better-funded prosecutor offices.  Despite this, public defenders do the best job they can advocating for defendants who cannot afford private representation.

Research suggests that public defenders can be as effective as privately retained lawyers in terms of producing outcomes for defendants, if sufficiently staffed.

But, therein lies the problem. Public Defenders offices are not sufficiently staffed and therefore the defendants don’t always get proper legal representation.

As a defendant, taking proactive steps can significantly impact the outcome of your case. Here are nine crucial actions you should take as soon as possible:

Read more: 9 Essential Actions You Must Take to Help Your Public Defender Get Your Case Dismissed

How do police determine whom to arrest in a domestic violence situation?

When responding to a domestic violence situation, for instance, law enforcement officers are expected to arrest any person who commits a crime related to domestic violence as defined by law, unless there is a clear and compelling reason not to arrest, such as self-defense or lack of probable cause, after a comprehensive investigation to identify the predominant aggressor. 

The International Association of Chiefs of Police (IACP) defines “predominant aggressor” as “the individual who poses the most serious, ongoing threat, which may not necessarily be the initial aggressor in a specific incident”. 

To determine the predominant aggressor, police officers may evaluate each person individually and consider a number of factors such as who uses threats and intimidation in the relationship, who has a history of violence, who has caused the most damage, and who has the most to gain from the incident. 

Mandatory arrest laws, while originally-well intentioned, resulted in a greater number of arrested women in domestic violence cases. Victims may utilize violence to pre-emptively avert an attack from the aggressor or in self-defense. However, law enforcement may improperly assess or document these situations, or even allow incidents to go unacknowledged. 

Read more: How do police determine whom to arrest in a domestic violence situation?

Make It make sense: Step-daughter’s fiancé trespasses into my home, yet I am charged with battery. Why?

Jason DJMy step-daughter, Darlene J Styles, told her fiancé to trespass into my home to cause some violence. Jason Aybar, her fiancé, came into an area of my home where my wife was recuperating from heart surgery and a fight broke out.

My wife is recovering from major open-heart surgery and cannot sleep in our bedroom. The couch is more comfortable for her, so I was sleeping on the couch with her. She needed help changing her clothes, eating and everything else. Sometimes she was too weak to even pick up her phone, so I would put it on speaker volume and hold it for her.

There was lots of medical equipment around, monitoring her heart and vitals and a nurse would come two or three times a week to drain her lungs. Sometimes almost two liters would be drained.

Read more: Make It make sense: Step-daughter’s fiancé trespasses into my home, yet I am charged with battery....

What is police responsibility when there is an incident in your home?

Jason DJ

By Lawrence A Robinson

Law enforcement officers are often trained to prioritize de-escalation and maintaining peace. Their primary goal is to prevent further harm or violence. They will turn over their findings to the State Attorney's Office to evaluate and press charges if deemed warranted.

The mission of the State Attorney’s Office for the Ninth Judicial Circuit is to promote public safety by using data-driven methods to hold offenders accountable, provide restorative justice for victims, and redirect children and people in need of services, in an effort to build stronger, safer communities. They try to achieve the highest standards of ethics and competence in order to promote a fair and equitable legal system.

The police came to my home in response to a shoving incident. My stepdaughter's fiancé, Jason Aybar, had been told not to enter into certain areas of my home because my wife was recovering for major surgery and too much stress could trigger a serious breathing attack.

Read more: What is police responsibility when there is an incident in your home?

Will Intimidation and Violence Determine Which Party Wins?

Paul and Nancy PelosiPaul Pelosi was attacked by a 42 year old man David DePape with a hammer, and everyone is mortified that this happened in America. As the midterm election gets closer insanity will reach a higher pitch, because the Republicans can only see red. By any means necessary and violence is at the top of the list.

America has always been a violent country, and anyone can ask the Indian nation. Ask Black folks about the massacres that thousands of Black folks who have been killed that no one talks about, but they actually happened. Ask the thousands of Black families whose fathers or sons who never returned home.

There are hundreds of militias that are prepared for war, and many of our police and peace keepers are members of these organizations. It is easy to say that they don’t exist, but when they carry their guns to political events they are ready to use them.

Read more: Will Intimidation and Violence Determine Which Party Wins?