Q: Preliminary hearing court appointed attorney not there. Not allowed to discuss case with the fill in attorney. Illegal?
The court appointed attorney for defendant was not present during the felony preliminary hearing. Due to death of mother apparently. Another attorney was sent from same district. Defendant was not allowed to speak with attorney who was present prior to or after proceedings. Original court appointed attorney did not have all information to begin with. Defendant was not given a chance to relay important information in the case to either attorney. Original court appointed attorney only asked 3 questions to defendant and got up and left (this was prior to the preliminary hearing). This seems illegal to me. I have done my best to research it but little information is available specific to this situation that I can find. Is this illegal?
A: It is not illegal although it may be ineffective assistance of counsel. Ask your attorney to meet, get all the details and then make a motion to have another preliminary/probable cause hearing before the grand jury indicts.
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