Legal Question in Appeals and Writs in Michigan
Denied an Attorney
my son was sentenced 2 years ago. we just found out that his application for a court appointed appeallete attorney was never processed but was found in his court file a few days ago. how long does the trial court have to appoint an attorney for an appeal once the application has been submitted? why has he had to sit in prison for 2 years with out the right of a lawyer?
2 Answers from Attorneys
Re: Denied an Attorney
I wonder why it sat for 2 years from your end as well. I hate to sound preachy, but rights are only as good as your determination to insist they be respected.
At any rate, go down to the court (if at all possible), and get the ball rolling. You should explain the situation and ask whether the judge might be prevailed upon for an immediate appointment while you are there. Don't go into the merits of your case, don't argue or abuse the clerk, because you want results, not a brick wall.
Court-appointed appellate counsel are operating behind the eight-ball legally and in terms of resources, and may not have a lot of time to visit your son in prison, so the more you can help him/her with, the better. Work it out with the lawyer, but let that person know you are truly interested in the appeal going forward.
Re: Denied an Attorney
Why did it take 2 years for anyone to ask the question? Contact the court administrator and ask for help. Court-appointed attorneys for appeals areusually assigned within 40 to 60 days after sentencing. Good luck!
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