Phoenix, AZ asked in Criminal Law for Arizona

Q: Do i have to file in writing a claim of ineffective assistance of counsel or does that get brought up during a hearing

Defendant wants to get assigned a new lawyer, he is currently assigned a court appointed pro bono attorney that is not through the public defenders office.

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1 Lawyer Answer
David A Black
David A Black
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Innedfectuve assistance is something that would be raised either on appeal or through rule 32 post conviction relief. It is not usually raised during proceedings. However, if you want a change of counsel you'll need to file that request in writing with the judge and usually the judge will be looking to find out if there are irreconcilable differences.

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