How can my nephew sit in jail for 6 months and not have a visit with court-appointed attorney?
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How can my nephew sit in jail for 6 months and not have a visit with court-appointed attorney?
My nephew out of prison on plea bargain was arrested after subsequent allegation and is in county jail on $100,000 bond for 6 months. He has court-appointed attorney who has yet to make contact with him.
Asked on January 12, 2017 under Criminal Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
He can request a hearing for what is known as "substitution of counsel". This means that he can get a different public defender to represent him so long as he can convince a judge that it is necessary. To seek a hearing for this, he should write a letter to the judge who is on his case and request a meeting with them. A copy of this request should be in letter form and sent to the lawyer who he wants removed and also to the the prosecutor. He should make sure that both copies and the original (which goes to the judge) are sent via certified mail; he will also need to keep a copy for himself. The letter should state that he wants his present attorney removed from his case and why. He'll need to list the problems that he is having with his PD. The letter should be kept short and to the point and be truthful.
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