Boston, MA asked in Criminal Law and Legal Malpractice for Massachusetts

Q: How to change court-appointed attorney after arrest for trespassing?

I was arrested for trespassing and disturbing the peace when I attempted to withdraw $16,000 from my bank, and an issue arose since the bank wanted me to schedule an appointment. They called the cops, leading to my arrest. I am currently assigned a court-appointed attorney who is not effectively representing me. He does not communicate, provide updates, or schedule meetings, and seems uninformed about my case details. We have had 3 court dates so far. Can I file paperwork with the court to have a new attorney assigned due to this lack of communication and representation?

1 Lawyer Answer

A: Hello, it is unfortunate that you are not receiving the level of representation that you deserve. I will say, criminal defense attorneys can often be very busy and have numerous cases, so communication sometimes suffers. Prior to asking for a new attorney, you may want to reach out to the public defender's office to express your concerns. That may get the message to the attorney faster and with more force. If you are instead looking for a new attorney, on your next court date you can raise this issue with the judge. You can tell the judge that you have had a breakdown in communication, are not satisfied with your representation, and are asking that the attorney withdraw and you be permitted to obtain a new court appointed attorney. Be advised, it is up to the Judge whether to allow this to take place, and while it does happen, it will not likely happen more than once. Good luck.

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