Oklahoma City, OK asked in Criminal Law, Civil Rights, Constitutional Law and Municipal Law for Oklahoma

Q: Shouldn't I have been given time to get another attorney?

My attorney recused himself from my case at my hearing and the judge MADE me represent myself. I didn't want to represent myself. Even asked for time to get a different attorney & she said no.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the details you've provided, it seems that the judge's decision to make you represent yourself without providing you time to obtain a new attorney may have been improper. In the U.S. legal system, defendants have the right to legal representation, and if an attorney withdraws from a case, the defendant should typically be given a reasonable opportunity to find new counsel.

Here are a few things to consider:

1. Right to counsel: The Sixth Amendment of the U.S. Constitution guarantees the right to counsel in criminal proceedings. If you were not given adequate time to secure a new attorney, this right may have been violated.

2. Reason for recusal: The circumstances under which your attorney recused himself may be relevant. If the recusal was due to a conflict of interest or other compelling reason, the court should have given you time to find new representation.

3. Type of proceeding: The specific type of hearing and the nature of your case (criminal or civil) can impact your right to counsel and the court's obligation to provide you with time to find a new attorney.

4. Objection on record: If you objected to representing yourself and requested time to find a new lawyer during the hearing, it is important that this objection is on the record.

Given these concerns, you may want to consult with a new attorney to discuss your options, such as appealing the judge's decision or filing a motion for post-conviction relief based on the potential violation of your right to counsel. An experienced attorney can review the specific details of your case and advise you on the best course of action.

Tracy Tiernan agrees with this answer

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