Q: Can I file a motion to compel agenst.my court appointed attorney to force him to file a certain motion I want filed
None
A:
I DON'T THINK THAT IS THE BEST THING TO CONSIDER.
SIT DOWN AND TALK TO YOUR LAWYER TO UNDERSTAND HIS REASONING FOR NOT WANTING TO FILE THE MOTION YOU ARE THINKING OF.
EVEN THOUGH HE IS COURT-APPOINTED HE HAS AN ETHICAL RESPONSIBILITY TO DO WHAT IS IN YOUR BEST INTEREST.
IF YOU GUYS FIGHT, HE CAN FILE TO BE RELIEVED FROM THE CASE.
Joseph Abrams agrees with this answer
A:
No. Since lawyers are prohibited by the rules of professional conduct from filing frivolous motions, if they can't see that the law or facts support the motion you're asking to be filed, they won't file it, and can't be compelled to. However, if you think there is a basis, be sure to put it
in writing in a letter to the lawyer and keep a copy. You may need to request a Marsden Hearing where you explain to the judge why you believe there has been a breakdown in the attorney-client relationship such that you have no faith in their ability to defend you.
If granted, the court could appoint new counsel you may be able to work with.
Try to hire a criminal defense attorney privately that can discuss your strategy and work with you.
Joseph Abrams agrees with this answer
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