Firing Public Defender Consequences

Summary

In Oregon, if you fire your public defender on the day of court, the judge may or may not postpone your court date, depending on the judges discretion and the reasons provided. If you feel your public defender isnt acting in your best interest, you can request a new one by providing valid reasons to the judge. You can also file a complaint with the Oregon State Bar. To dismiss your case, file a motion to dismiss with legal grounds and supporting evidence. For a change of judge, file a motion stating reasons like bias or conflict of interest.

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In oregon, if they appoint me a public defender the day i have court and i fire the public defender, do they postpone my court date?

Hi ****! In Oregon, if you fire your public defender on the day of court, the judge may or may not postpone your court date. It depends on the judge's discretion and if a valid reason is provided for firing the public defender. Do you have a specific reason for wanting to fire your public defender?

The ones that work out of the town i live in are not out for the best interest of their clients. They say stuff like; "you are guilty when you come in here, we just decide your punishment".

****, it's important to have legal representation that you trust. If you feel your public defender isn't acting in your best interest, you can request a new one, but you'll need to provide the judge with valid reasons. You can also file a complaint with the Oregon State Bar.
Do you want more information on how to file a complaint?

Yes

Filing a Complaint with the Oregon State Bar

- You can file a complaint against your public defender online or by mail.
- Visit the Oregon State Bar's website for the complaint form.
- Provide detailed information about your grievances.
- The Bar will review your complaint and take appropriate action.
Would you like to know more about requesting a new public defender?

Yes

Sure, ****! Here's how you can request a new public defender:
- Inform the court of your concerns with your current public defender.
- Provide specific reasons why you believe they are not representing your best interests.
- The judge will review your request and decide if a new public defender will be appointed.
Would you like more detailed information on how to present your request in court?

Yes

In Oregon, to present your request for a new public defender in court, follow these steps:
- Prepare Your Statement: Clearly outline your reasons, such as lack of trust or inadequate representation.
- Be Specific: Provide examples and evidence if possible.
- Be Respectful: Address the court respectfully and professionally.
Would you need guidance on how to gather and present evidence to support your request?

How do i go about asking the judge to dismiss my case?

To ask the judge to dismiss your case, you should:
- File a Motion to Dismiss: Submit a written request explaining the legal reasons why your case should be dismissed.
- State Legal Grounds: Common reasons include lack of evidence, violation of rights, or procedural errors.
- Provide Supporting Evidence: Attach relevant documents and evidence supporting your request.
Would you like guidance on how to draft the motion?

Yes

To draft a motion to dismiss, follow these steps:
- Title and Case Information: Include the case number and the court’s name.
- Statement of Facts: Summarize relevant facts of your case.
- Legal Arguments: Clearly state the legal reasons for dismissal.
- Conclusion: Request the court to dismiss the case.
- Signature: Sign and date the motion.
Would you need a template or more specific examples?

Yes

Here is a template for drafting a Motion to Dismiss:
---

~Title: Motion to Dismiss
Case Number: [Your Case Number]
Court Name: [Name of Court]
---
Statement of Facts:
[Summarize the relevant facts of your case concisely.]
Legal Arguments:
[Clearly state the legal reasons for dismissal. Common reasons include lack of evidence, violation of rights, or procedural errors.]
Conclusion:
[Formally request the court to dismiss the case.]
Signature:
[Your Signature]
[Date]
---
Would you need any assistance with filling out specific sections or any other information?

When do i present this to the judge?

You should present your motion to dismiss at the earliest convenient opportunity, preferably before the trial starts. You can file it with the court and serve a copy to the prosecution. The judge will then schedule a hearing to address your motion.
Would you need help with the filing process?

Yes

To file your motion to dismiss in Oregon:
- Prepare Copies: Make several copies of your motion.
- File with Court: Submit the original motion to the court clerk.
- Serve the Prosecution: Provide a copy to the prosecutor’s office.
- Await Hearing: The court will schedule a hearing on your motion.
Would you like more details on serving the prosecution?

Yes

To serve the prosecution in Oregon:
- Prepare a Certificate of Service: This document proves you delivered a copy to the prosecutor.
- Deliver Copies: Hand-deliver or mail the motion and Certificate of Service to the prosecutor’s office.
- Keep Records: Retain proof of delivery.
Would you need a template for the Certificate of Service?

Yes

Case Rating: *
Here is a template for the Certificate of Service:
---
Certificate of Service
I hereby certify that on [Date], I delivered a copy of the Motion to Dismiss to the [Prosecutor's Office Name], located at [Address].
Signed: [Your Name]
Date: [Date]
---
Would you need any further assistance with your legal issue?

Yes

****, how can I assist you further with your legal issue? Do you have any other questions or concerns about the process?

How do i request to have my case transferred to a different judge

To request a transfer to a different judge in Oregon:
- File a Motion for Change of Judge: Submit a written request to the court.
- State Your Reasons: Clearly explain why you believe a different judge is necessary, such as potential bias or conflict of interest.
- Provide Evidence: Support your request with any relevant evidence.
Would you like a template for the motion?

Yes

Template for a Motion for Change of Judge:
---
Title: Motion for Change of Judge
Case Number: [Your Case Number]
Court Name: [Name of Court]
Statement of Facts:
[Summarize the relevant facts and reasons for requesting a change of judge.]
Legal Arguments:
[Clearly state the reasons for the request, such as potential bias or conflict of interest, and provide supporting evidence.]
Conclusion:
[Formally request the court to assign a different judge to your case.]
Signature:
[Your Signature]
[Date]
---
Would you need any assistance with filling out specific sections or any other information?

Firing Public Defender Consequences

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