Could someone answer soon because I need help again?

Question

How do I go about telling the court that my public defender was so busy with other cases that he could not present my defense accuratly or efficiently? The judge sided with the prosecution and jurrors will be picked tomarrow for my trial. Do I raise my hand in court and hope he calls on me or do I walk up there and hand the judge a note saying I need to speak in private with him?

Answer 1

You need to file a written motion for the judge (with copies to both your public defender and the prosecutor) asking for appointment of alternate counsel, to postpone the trial to allow the new attorney to get up to speed on your case and to waive your right to speedy trial during the period of delay to your new trial. You need to give very specific reasons in your motion including what he or she has done or has not done to effectively represent you.  Did your attorney not file certain dispositive pre-trial motions?  Did your attorney fail to subpoena necessary witnesses for your defense?  Did your attorney fail to obtain proper pre-trial discovery and exculpative evidence?  Did your attorney fully explain to you your rights, including your right against self-incrimination if you later decide to take the stand in your own defense?  The judge will not grant your motion unless you are very specific about your attorney's deficiencies and unless those deficiencies rise to the level of ineffective assistance of counsel or malpractice.

Answer 2

Need a little bite more info: when you say the judge sided with the prosecution and seated a jury did you mean that you have raised this concern to the judge? You can always requested that before the trial starts you would like to be on the record protesting the adequate representation of your public defender

In reality unless the lawyer is drunk or asleep in the court room your protest will most likely fall on death hands, it’s unfortunately how are judicial system is set up