Asked 6/18/2016 – Fort Worth, TX

My husband is being charged with conspiracy to possess with intent to distribute methamphetamines. His court appointed attorney was gearing him to plead not guilty if he’s not guilty. All of a sudden he wants him to take a plea and is mad cuz he didn’t. He has not hired an investigator or done anything for trial which is soon. When he presented the plea to my husband he gave him 10 mins to decide. At his detention hearing his lawyer didn’t call any witnesses or rebuttal the government’s witness’s false statements. I have requested a meeting with his attorney and he has refused. Please tell us what to do. My husband’s life depends on it.

Answer

I know you are frustrated, but one of the things you get when you retain your own attorney is access to that attorney. You do not get to select your court appointed attorney, nor do you have access to the all the evidence in your husband’s case. You also do not know what your husband is telling his attorney. If you truly believe something more needs to be done, do it. Prepare a witness list of names, address and phone numbers of any potential witnesses your husband may want to call at trial. Also provide what testimony you believe these witnesses could provide, and how this testimony would help to refute the allegations against him. I understand this is an extremely stressful situation for you, but if you don’t know or can’t provide the above information, you probably do not have a lot of personal knowledge about your husband’s case. Without that knowledge, it is very difficult for you to make the claim your husband is not doing his/her job; you don’t know anything about the case except what you husband tells you. I know the prospect of losing your husband to prison is frightening, but focus on the facts and the evidence, not the attorney. Good luck.