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Q:     How to request a new Public Defender?  The PD (Public defender) I’ve been assigned has NOT assisted in my case AT ALL. I’ve been told I have until Thursday morning to accept a… Scroll down to read more!

Q:     How to request a new Public Defender?  The PD (Public defender) I’ve been assigned has NOT assisted in my case AT ALL. I’ve been told I have until Thursday morning to accept a plea I’ve been offered. I explained to my PD that I have not been able to see all the evidence against me. How can I make a clear conscious decision if I am unable to see the evidence? Example: There’s a cell phone in evidence. What’s on it? It’s there for a reason – Right?  So I would like to explain this to the judge, my attorney hasn’t given me all the evidence (only what the Discovery states)… How do I request this BEFORE my time is up on Thursday morning when I’m told to take a plea OR trial (If I choose trial, plea is OFF the table).  Since I have less than 24 hours to make something happen, can I just ‘Hand deliver’ a letter to the Judge’s office handling my case, voicing my concerns? This action might be better than filing a motion for a new PD? I’m thinking a letter explaining that I cannot accept/decline a plea solely based upon only receiving partial evidence instead of everything. This way it doesn’t put ‘everything’ on my PD, so to speak but also the PA for evidence that hasn’t been released. For example: There are recordings the state ‘supposedly’ has but I have yet to hear them. They are mentioned in Discovery but have never been played for me or my attorney. After 15 months of this case, it seems someone would have filed a motion to suppress this ‘evidence’ since the defense isn’t privy to it however, I’m not an attorney. I KNOW I need a private attorney, I cannot afford one. Period. Thank you in advance those kind enough to respond. Most Respectfully, Still Desperate.

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Michael Adam Haber

Michael HaberLearn more. ” href=”–1945989.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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6 lawyers agreed with this answer

Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Jay Scott Finnecy
Jay Scott Finnecy
Criminal Defense Attorney – Vista, CA
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL
Gregory L. Olney II
Gregory L. Olney II
Criminal Defense Attorney – Saint Petersburg, FL
Gregory Michael Wise
Gregory Michael Wise
Criminal Defense Attorney – Pensacola, FL

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Answered You don’t get to pick and choose your public representative.

That said, you are also entitled to competent representation.

You are free to write and file a pro se motion to discharge your PD and for appointment of new counsel, and if your Judge has even a half-wits sense about her/him then you will get a hearing on your written motion (or the Judge will risk reversal on appeal if you lose).

If you cannot write a motion then you shouls ask – RESPECTFULLY – to address the court when you are there on Thursday morning and state your feelings in a clear, concise and respectful manner. Make a record. If there is one thing that Judge’s respect / fear, it is the record, because the record leads to reversals, and a reversal is pretty much a Judge’s worst case scenario.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog ( and with my "Webisode" series on YouTube (, whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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