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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.