What can be done if a court appointed attorney has failed to consult with their client after 2 months?
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What can be done if a court appointed attorney has failed to consult with their client after 2 months?
I have a significant other who was arrested 2 months ago on a misdemeanor charge. He was assigned a court appointed attorney, yet of today his attorney has not contacted him. His verbal request to speak to his attorney have been ignored. What is the procedure for when a court appointed attorney is supposed to contact their client in regards to their case? How does a person that is in custody in a jail/detention center request to talk to their attorney in regards to their case? Is there an attorney who is willing to assist me on a pro bono basis with this matter?
Asked on June 7, 2015 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
While most court appointed attorneys have a great deal of experience in criminal law cases, it must be remembered this experience comes from the fact that they handle so many cases...and so many cases at once. Therefore they can, and do,�fall behind in their work. This is most likely why your friend's lawyer has not spoken with him over the 2 months that he has been incarcerated.
At this point, you he can fire his�counsel and either represent himself or hire a private attrorney if he can pay their fee. If he can't afford one, he can contact the local Bar Association in the county; they may have a list of attorneys who will take�his case "pro bono" (for free) or at least for a reduced fee based on�his income/circumstances.�
The other alternative is to try an get a different attrorney appointed to his case. He can ask for substitute�counsel, however�having a new one appointed�it is not automatic.�He�will need to�request a hearing and at which he will need to convince�a judge that�a substitution�is necessary in order for him�to put forth�a competent defense.�
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