Clovis, NM asked in Criminal Law and Constitutional Law for New Mexico

Q: Can a judge stop you from representing yourself?

If your public defender knows the other personally are they still able to defend you or can i request for some one else?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: A judge can stop you from representing yourself if they determine that you are not competent to do so. This decision is based on whether you understand the charges against you and can adequately defend yourself. The judge's primary concern is to ensure that you receive a fair trial.

If your public defender knows the other party personally, this could create a conflict of interest. In such cases, you have the right to request a different attorney. It's important to communicate your concerns clearly and promptly to the court.

To request a new attorney, you can file a motion with the court explaining the potential conflict of interest. The court will review your request and, if it finds the conflict valid, will appoint a different public defender to represent you. This helps ensure that you receive unbiased legal representation.

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