What if your court appointed attorney doesn't seem to be on your side? 12 Answers as of February 10, 2013

I don’t have the money for an attorney so have court appointed. Who doesn't seem to have my best interest in mind? He talked me in to waving my right to try on a 2 charges that I didn’t do. Is there anything I can do seeing this is my first time being in situation that is why at time I stupidly gave up my right to trail?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
File motion to withdraw the plea, and represent yourself pro se.
Answer Applies to: Georgia
Replied: 2/10/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
You can talk to the judge about getting different lawyer.
Answer Applies to: Michigan
Replied: 2/7/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Many clients lie to their lawyer and say they are innocent, and yet they agree to waive their right to a trial and plead guilty. They think that if they can convince their friends and lawyer that tey are innocent that it will help their case. Actually the opposite is true. If you lie to your lawyer he will not be able to proprely investigate the case. He may know that you are guilty and tell you to plead guilty, and if the client is guilty they will agree. They will still complain to their friends and family and insist they were innocent and their lawyer made them plead guilty. I don't know what is going on with your case, but it appears that you are not being totally honest and that your lawyer knows you are guilty and is telling you that you cannot win the trial. That makes you believe he is not on your side. You cannot retain private counsel for a trial unless you have $5,000 and o you must work with the lawyer you have and tell him the truth.
Answer Applies to: New York
Replied: 2/7/2013
Hamblin Law Office | Sally Hamblin
You do not want to give up that right. Are you sure it was giving up right to jury trial, for you can have bench trial. Tell your attorney to explain and advise you do not want to give up any rights. If attorney does not comply, request another one.
Answer Applies to: Michigan
Replied: 2/6/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You can file a Motion to Vacate your Plea of Guilty. This has to be filed within 30 days of sentencing, otherwise, you waive the motion. Note that Public Defenders are well trained professionals who know the law AND the court where your matter was held, I am sure he did his best to obtain the best possible resolution of the case for you.
Answer Applies to: Illinois
Replied: 2/6/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You have no right to choose your appointed lawyer. You have the right to a jury trial and the right to choose whether or not to testify.
    Answer Applies to: Texas
    Replied: 2/6/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Not much you can do. You get what you pay for pal.
    Answer Applies to: California
    Replied: 2/6/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    If you were not fully informed about the consequences of your plea, or if there is something else for which you may legally make a motion to withdraw your plea, then you can do that. Many people have "buyer's remorse" after they enter a plea. This is not sufficient to invalidate a plea. But there are some. If you believe so, you can have another attorney appointed to investigate and file a motion.
    Answer Applies to: California
    Replied: 2/6/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    If your attorney was court appointed, and you wish to have a different attorney appointed, you will have to ask the court for permission to do this, which they can deny. If you hire a private attorney then they can replace the attorney you already have at the moment. If you already plead guilty to any of the charges, then your only recourse at this point is to make a motion to vacate your plea based on ineffective counsel.
    Answer Applies to: New York
    Replied: 2/6/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Without being able to review your case and the evidence, I cannot say. What I do tell my clients is: I will tell you what you NEED to know, not what you WANT to know. Could this be the case in your situation. Sometimes the evidence against a client/defendant is so overwhelming that there is very little an attorney can do. Attorneys can do good things, but they can only work with the facts they are presented with. Attorneys do not practice magic.
    Answer Applies to: Washington
    Replied: 2/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you have given up your right to trial you have plead guilty, if you have given up you right to a jury trial , that is another matter. If you are not satisfied with the court appointed attorney then you will have to accept the hardship of hiring one. Beyond that, I will not second guess your present counsel.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No comment about what you did or why or your thoughts about your attorney. IF you want to withdraw your plea and you are in California, you must 1) be on probation and 2) be within 180 days of the date you entered your plea.
    Answer Applies to: California
    Replied: 2/6/2013
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