Dallas, TX asked in Criminal Law for Texas

Q: Is a public defender, appointed by the court, required to actually say anything in a hearing or is it ok to remain mute?

Is it customary, normal, or acceptable to have no contact whatsoever with a public defender prior to the hearing which determines the outcome of your case?

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2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: No one in this forum can comment on a specific case because the totality of the facts are unknown. If you are not happy with your lawyer, hire a different day.

Roy Lee Warren
Roy Lee Warren
Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Lawyers are bound by ethical obligations to rigorously defend clients. Although I have heard some court appointed lawyers say only the bare minimum defense will be offered on appointed case I completely disgree. I believe the same duty is owed to clients regardless. In fact you can review the Travis County guidelines for appointed counsel and you will see they still have ethical obligations. The pamphlet setting forth requirements for lawyers can be found at: https://www.traviscountytx.gov/images/courts/Docs/fair_defense.pdf

Lawyers are also bound by the "Cannons of Ethics"

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