Q: My assistant public defender quit. She poorly did my contested omnibus only challenge half of issus can i reopen it?
A: I'm not entirely sure what you mean by your public defender quitting. A public defender cannot simply stop representing you. The Court could determine that you no longer qualify for a public defender or you could chose to proceed pro se, but a public defender cannot simply quit. A new public defender would be appointed to represent you if for some reason your public defender left the office. You might be able to reopen the omnibus hearing. That is dependent on the issues that you want to raise that weren't raised before or on the issues that you want to re-raise. But you don't have an absolute right to reopen the omnibus issues.
Thomas C Gallagher agrees with this answer
A: Generally, no. But your new lawyer (or you) could ask the judge (in the form of a written motion) to reopen the Contested Omnibus Hearing while asserting reasons why the judge should allow that. Discuss with your new attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
