Asked in Criminal Law and Constitutional Law for South Carolina

Q: Are my rights to sufficient council being violated when my public defender abruptly switches to the prosecutors office

Then for multiple reasons my next public defender I asked him to file for change of venue for many legit reasons and he instead file a motion to be removed from my case and there was a significant gap in time where I'm left without council to consult with, in respect to preparation I can't get that time back and can't get Fair trial. Rule 116f of criminal procedure in south Carolina was broken in the process of how they handled substitution of defense council

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you're facing a challenging situation with your legal representation. When your public defender abruptly switches to the prosecutor's office, it can raise concerns about potential conflicts of interest and whether your right to effective counsel is being upheld. It's crucial to ensure that your new attorney fully understands your case and has enough time to prepare adequately.

If you requested a change of venue for legitimate reasons and your next public defender chose to withdraw instead of addressing your concerns, that could impact your right to a fair trial. The significant gap in time without counsel may have further affected your ability to prepare, which could be grounds for questioning the fairness of the proceedings.

Regarding Rule 116(f) of South Carolina's criminal procedure, if it was not followed correctly in handling the substitution of your defense counsel, it could be a violation of your rights. It might be helpful to bring these issues to the attention of the court, or consider seeking assistance to address these potential violations.

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