QUESTION
What should we do if my son's aggravated assault court date is coming up really soon and we can't communicate with his lawyer?
Asked on Sep 13th, 2012 on Criminal Law - Alabama
More details to this question:
My son is incarcerated for aggravated assault with a deadly weapon with one prior. He has been indicted and given a new lawyer but he tries to call her and never gets any answer or a visit from her and his next court date is real soon. I try to call and leave messages but no response. What should he do about it?
15 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Send a letter certified mail, return receipt.
Answered on Sep 24th, 2012 at 12:19 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The best thing to do is not rely upon the government attorney, but to hire one for him.
Answered on Sep 18th, 2012 at 1:23 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Just go to court on the appointed date. It is probably a procedural date that requires no preparation on the part of your son. As long as the lawyer has at least met with your son once to learn the basics of the charge, there is no reason to meet between every appearance in court.
Answered on Sep 18th, 2012 at 1:23 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I am assuming that your son is using the services of a public defender. Unfortunately, due to their case loads, a public defender is not always responsive to the needs of his/her client. And like all professions, some are real good while other are real bad. If you are unhappy with the services of the P.D., I suggest that you hire private counsel to represent your son. the more effectively with his new attorney. Please note that even though you may be paying the private attorney, your son is his client and, due to the attorney-client privilege and other ethical considerations, you may or may not be able to obtain all of the information on your son's case that you want.
Answered on Sep 18th, 2012 at 1:21 PM
It's unclear who has been appointed to represent your son. But, it sounds like it was the public defender. they might give your son more time if he wants to engage his own attorney.They might also give the public defender more time to work on the case. But, for either option, your son might have to waive his speedy trial rights. In any event he will remain in jail throughout the extension period unless he makes bail. He is not entitled to appointment of a new public defender.
Answered on Sep 18th, 2012 at 1:21 PM
Kimberly Renae Burke
You should hire a private attorney who handles serious felony cases. It sounds like your son has an appointed attorney right now that is likely very busy. Private attorneys do not have a stack of new cases assigned to them daily. They generally have more time to devote to each client and you will be able to schedule an appointment to ask all the questions you need answered. You should call a few local lawyers and schedule an appointment. I would not meet with any that charge a consultation fee. Criminal lawyers generally do not charge for a consult, they will represent your son for a flat rate (not hourly or per appearance), and there are some who will allow you to make monthly payments so you do not need the entire amount up front. See who you feel comfortable with and make sure they know what they are talking about! Don't feel pressured to hire the first attorney you meet. When you leave the consultation, you should be informed of the price they will charge, payment arrangements, and what is covered Pre-trial only or Trial.
Answered on Sep 18th, 2012 at 1:17 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You can hire a private attorney for your son or let him worry about it because his lawyer is under no obligation to speak with their client's parents and as assigned counsel they cannot bill for it.
Answered on Sep 18th, 2012 at 1:16 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Resolve the communications problem or hire new counsel or understand the system limitation. If you are talking about the tax payer funded Public Defender, you have no right to expect much communication or discussion with them, let alone visits. The PD has dozens of cases on calendar each day, and have little time even to review the file before they get to court that day. That's why people pay for private counsel, for personal attention. If serious about doing so,
Answered on Sep 18th, 2012 at 1:15 PM
Michael Paul Vollandt
Your Son should ask the Court for a Marsden Hearing to change the lawyer. The could may appoint another lawyer, or not, Other than that your Son may hire any attorney he wishes as long as the lawyer will accept the fee and the case. If that happens then if you Son agrees for a continuance that lawyer can get up to speed to defend your Son.
Answered on Sep 18th, 2012 at 1:15 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible that the lawyer will not talk to you. Your son will be in court and he can see the lawyer then and ask for a new attorney if necessary, but that attorney probably knows nothing about the case and will only be setting other court dates.
Answered on Sep 18th, 2012 at 1:14 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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As for contacting you, the attorney probably wont, because you are not his client and he does not want to jeopardize the attorney client privilege. If your son has a hearing coming soon, I am sure the attorney will be in contact prior to the hearing.
Answered on Sep 18th, 2012 at 1:11 PM
Retaining a lawyer is the best option. Some appointed lawyers have large demands due to their caseload. A retained lawyer is someone you hire to represent you son. Typically retained lawyers are more responsive since they want to earn the money you pay them.
Answered on Sep 18th, 2012 at 1:05 PM
Let the judge know at the next hearing that his attorney is not communicating with him. This communication is intended for the use of the individual or entity to which it is addressed and may contain information this is PRIVILEGED or CONFIDENTIAL. If you are not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that dissemination, distribution, or copying of this communication is specifically prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the original.
Answered on Sep 18th, 2012 at 1:04 PM
Assuming the attorney was appointed as a public defender, at the time of the hearing, if your son feels he is not receiving adequate representation he should advise the judge, explaining what effort he has made to communicate with the attorney. If it is a private attorney, you probably need to retain a different attorney. However, it depends on the nature of the hearing that is scheduled. If it is merely an initial appearance or roll call, there is probably no need for the attorney to visit with the client beforehand. He may be planning to speak with the defendant at that hearing.
Answered on Sep 18th, 2012 at 1:04 PM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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Because you indicated that your son was "given a new lawyer," I am assuming that this is a public defender or attorney appointed by the court. If this is the case, I would suggest speaking to the judge and letting him or her know that the attorney has not responded to your calls. The judge or court may attempt to contact the attorney to find out what's going on. Even if this is not a court appointed attorney, I would still suggest informing the judge. This way, they are aware that you have retained counsel, but that the attorney is not timely responding to your calls. The court may give you a continuance on the court date in order to contact your current attorney or find a new attorney. Either way, I would make sure that the court is aware that you are doing everything you can to get the attorney involved, but that the attorney is not responding and that you may require more time to either get the current attorney involved or find/appoint a new attorney.
Answered on Sep 18th, 2012 at 12:58 PM