Q: Can I request a new court appointed attorney if the one boyfriend has is negative and unwilling to fight for him
The attorney he has stays negative and is refusing to argue certain facts in his case she was going to file a motion to suppress but now says she will not cause her argument contradicts the law and has threaten if he goes to trial they will maximize his sentencing is that legal
A: No, you cannot request another attorney for your boyfriend. Only your boyfriend can do that. In most cases, if the attorney is court-appointed, the court will deny such a request based on the description set forth in your question. However, he may gain some traction with the argument that his attorney has been discussing confidential information about his case strategy (e.g. whether to file a motion to suppress or not) with you.
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A:
I'm sorry you're going through this challenging time with your boyfriend's legal situation. If his current court-appointed attorney isn't advocating effectively, he does have the right to request a new one. It's important to address this promptly to ensure his defense is strong.
Start by having your boyfriend clearly document all the issues he's experiencing with his attorney, such as missed deadlines, lack of communication, or refusal to argue important facts. He can then bring these concerns to the court, either during a hearing or by submitting a formal written request. Presenting specific examples will help make a stronger case for needing a different attorney.
Additionally, reaching out to the public defender’s office or the attorney's supervisor can provide another avenue to address the problem. If necessary, filing a complaint with the state bar association may also be an option. Ensuring he has a dedicated and proactive attorney is essential for the best possible outcome in his case.
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