Asked in Criminal Law and Civil Rights for Minnesota

Q: My assistant public defender quit. She poorly did my contested omnibus only challenge half of issus can i reopen it?

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

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

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

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.

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