Edinburg, TX asked in Criminal Law and Civil Rights for Texas

Q: How to find out who my girlfriend's friend's lawyer is in a criminal case?

I'm trying to find out who my girlfriend's friend's lawyer is, as he has been incarcerated for over 30 days without being informed. He is involved in a criminal case. Despite several attempts by different people, including calls to the jail, no one has been able to get this information from the jail staff. This situation seems unfair as he should have known his lawyer's identity within the first few days of incarceration. How can I help him identify his lawyer and ensure his rights are respected?

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2 Lawyer Answers

A: The jail staff probably does not know who the friend's lawyer is. In most cases, only the friend would know because the friend is the person who hired the lawyer.

If the friend has not hired a lawyer, you need to ask the friend whether he completed a form proving that he is indigent and whether the court appointed the public defender's office or a particular private attorney. Most Texas counties do not have public defenders. Only about a fifth of them do. There should be an order in the criminal records of your friend's court case identifying either a specific lawyer or the public defender's office.

It is not uncommon for a jailed person to refuse to complete the necessary form proving indigency or for a court to determine that a person is not indigent. You are only entitled to a court-appointed defense lawyer if you cannot afford one. Lots of jailed people can afford an attorney but just don't want to pay for one. They are not entitled to a court-appointed attorney.

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Answered

A: It sounds like you're trying to help someone in a difficult and urgent situation. The first thing you should consider is contacting the public defender's office if your girlfriend's friend doesn't have a private attorney. Public defenders are assigned to individuals who cannot afford their own lawyer, and they should have been notified early in the process. Call the local public defender's office and ask for the attorney assigned to his case, if one has been appointed.

Another approach is to visit the courthouse where the criminal case is being handled. If you know the jurisdiction, you can look up his case in person or online. Court records are public, and you may be able to find details on the lawyer assigned to him by reviewing the case file. If it's a more complex case, the court may have details about any legal representation listed in the case docket.

Lastly, contacting an organization that advocates for inmates' rights or a legal aid group in your area may help as well. They often have resources to navigate these situations, and they can offer guidance on how to ensure that your girlfriend's friend’s rights are being respected. They can assist in following up with the jail and the court system if you're facing resistance from jail staff.

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