Full question:
If the state gives you a pro bono attorney, in Arizona, in a criminal matter, facing serious charges and a trial, and the pro bono attorney hasn't ever went to see you or talk to you about your case, or hasn't done anything to help you , in a four month period of time, and you have both a pre trial and trial date in the next two weeks and never even have had a plea offered, what can you do?
- Category: Courts
- Subcategory: Attorneys
- Date:
- State: Arizona
Answer:
If you have discussed thiswith your public defender regarding this issue and it has not been resolved, you should advise him/her you would like new counsel. Your public defender should then explain your options. Some public defender's offices will allow your attorney to withdraw and will then appoint another public defender or court-appointed attorney to represent you. Other public defender's offices will tell you, you only get one public defender; and if you fire your public defender, you must retain counsel on your own or represent yourself.
If your relationship with your attorney has deteriorated to a point where you do not wish to discuss yhis with him/her, we suggest you contact the public defender's office directly. Again, you may not have the option of getting another public defender. The 6th Amendment right to counsel does not necessarily give you the right to counsel of your choice.
Prepare a list of reasons why the current court-appointed attorney is not providing sufficient counsel. File a request- for a new public defender with the judge presiding over your case, or the public defender’s office-. Await confirmation from the judge regarding appointment of a new attorney.
Ask your lawyer to file a motion with the judge to be relieved from the case. Confirm with the judge that a new public attorney will be appointed before your current lawyer withdraws from the case.
See also:
http://www.ehow.com/how_5682361_request-new-public-defender.html
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
