QUESTION
How to get a court appointed attorney to really work in your defense?
Asked on Apr 24th, 2013 on Criminal Law - Michigan
More details to this question:
Me and my fiancé got into an argument and she called the police. When the police showed up they saw marks on her neck and asked her if I put my hands on her. She told them no that we just got into an argument over a phone call. The cop wanted to take pictures of her neck. Without her consent, the cop took pictures. After the cops left, she went to look and see what marks the cop was talking about. There was no marks. I was charged with assault fam/house mem impede breath/circulate. To cut this short, the attorney I was appointed will not talk to me about the case. I have sent him emails, my fiancé has sent him an email with an affidavit and the one and only time we have talked, he said he did not want to talk to her and that he would see me at the hearing. I feel that he is not going to represent me properly. We feel the police have filed a false report because she did not give a report. What can we do?
6 ANSWERS
You can always hire a private attorney instead. Public defenders are usually pretty swamped with way too many cases, so they don't always have time to respond to every defendant who sends them emails or letters about their case.
Answered on Apr 29th, 2013 at 4:10 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Because your attorney is not talking to you as much as you would like, does not mean he is not working for you or your case. Understand, he is a public defender, which means that he has many other clients, many who have cases scheduled for court before yours is scheduled to be heard. If you don't like how he is handling your case, you can certainly fore him and hire a private attorney for whose services you will have to pay. As far as the arrest: it was completely proper. Once the 911 call is made, you and your fiance loose all control over the case and the situation. If the officer has reason to believe that there was a domestic altercation, the law requires that the officer make an arrest. This officer certainly had reason: (1) a 911 call was placed, which means that the caller had concerns for her own safety, (2) there was an admission as to an altercation over the use of a phone, (3) the officer saw, what he believed to be physical signs of the altercation. The arrest was proper. If the incident did not really happen, then your fiance could be charged with making a false police report, an improper 911 phone call, and as a result, be charged criminally as well as being required to pay the expenses associated with the officers response to a "prank" 911 call. Contrary to what you may think, I am sure your attorney is working your case.
Answered on Apr 25th, 2013 at 9:09 PM
Michael J. Breczinski
Either get an attorney on your own or ask the judge for a new attorney.
Answered on Apr 25th, 2013 at 8:13 PM
Cough up some money and high a "real" lawyer. You get what you paid for.
Answered on Apr 25th, 2013 at 8:00 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If you are unhappy with your public defender, your only option is to hire a private attorney to represent you.
Answered on Apr 25th, 2013 at 1:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Hire your own attorney! That is not rocket science.
Answered on Apr 25th, 2013 at 12:46 AM