Q: I want my public defender to appeal juvenile case, refuses. Wants me to sign something to withdraw as my lawyer.
Nebraska juvenile 3a case. Children are without proper support through no fault of the parents and in a situation dangerous...risk of harm. My public defender has missed every single opportunity to challenge in this case. The risk of harm is a sibling who I removed a week before the petition was filed. There are no allegations of wrong doing of the parents, only the sibling. There are no allegations of failing to act, unwilling to act or anything of the sort. Not sure where the without support comes from. We are very stable.
We are at the 6 month review where the court orders have significantly changed and I see a window for appeal. We were only given 2-3 min. to cross examine the only witness. I want to appeal the new items and to also address the many plain errors. Either getting the case dismissed or a retrial.
My defender refuses to appeal, wants to withdraw and me to sign off that the relationship has broken down and agree to new council. What rights am I giving up?
A: Sometimes if you fire your public defender, then you either have to hire an attorney or proceed without counsel. You have a right to a public defender, but not to choose which public defender. If you plan to hire your own counsel, then the public defender would withdraw and your private attorney could represent you. If you don't plan to hire your own counsel, you may want to clarify whether another public defender would be appointed or not before essentially firing your attorney by agreeing to their withdrawal.
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