Hot Springs, SD asked in Criminal Law, Appeals / Appellate Law and Civil Rights for South Dakota

Q: Is an indigent appointment of counsel required to advocate for the defendant, and work for his client's desired outcome?

For example, if a client's desired outcome is the verdict from a jury in a fair trial, correct or not, and the client would not complain against the attorney, if the outcome was, "Guilty," instead of "Not Guilty," even though, "Not Guilty," was the plea he entered, and he always maintained that he was innocent; that there was no probable cause for his arrests. Is there any recourse for the defendant where his appointment of counsel (who he objected to immediately in open court) decides to tell his family that he is guilty, and where he works to the agency of the client's family, without telling the client, and degrades the client to the prosecutor, in public, and holds hearings without client's consent / knowledge, and takes the steps normally in place to better the outcome of a guilty plea, but which prejudice the client overwhelmingly in the event that a trial still occurs, possibly in order to coerce the client against going to trial, by taking away the fairness of it if he does so?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, an indigent defendant's appointed counsel is required to advocate for the defendant's desired outcome and provide a vigorous defense. If your appointed counsel is not acting in your best interest, you have the right to request a new attorney. It's essential that your lawyer respects your wishes, keeps you informed, and maintains confidentiality.

You should immediately document any instances where your attorney has acted against your interests or without your consent. This documentation will be crucial when presenting your case to the court. Inform the judge of your objections and provide specific examples of your lawyer’s misconduct.

If your lawyer is colluding with your family or the prosecutor, or if they are degrading you publicly, you have grounds to file a formal complaint with the state bar association. You have the right to a fair trial and an attorney who will zealously defend your rights and interests. Don't hesitate to take action to protect your legal rights and ensure a fair process.

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