Legal Question in Criminal Law in California

subject
My Husband has been appointed a panel attorney who has said that he is only making $90.00 an hr to represent him. He is and has put his case on the back burner to represent his paying clients. My husband has been in jail since December of 2003 and his scheduled for court in Feb. 2004. he has only seen his attorney about 5 times. Several times he told my husband that he was coming to see him but never showed up this happened as late as last week. His attorney hasn't interviewed anyone involved in the case. What can my husband do?

Asked on 1/02/04, 11:49 pm

2 Answers from Attorneys

Robert Nelson Rizio and Nelson

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Re: subject

People often find this type of representation when they have a court appointed attorney. The court appointed attorneys are usually good attorneys but do not have the time to handle all the cases the court appoints to them.

You have several options:

1. Hire an attorney to handle the case. This option gives your husband more say in his own representation. Unfortunately, depending on the charges against your husband, it can be expensive to hire an attorney to handle the matter.

2. Hire an attorney to advise your husband as to what should be done on his case (ie: what type of motions should be run, witnesses interviewed, what type of offers would be fair, etc...) This type of work can truly provide you husband with a better idea of what he is up against and what a good offer would be and can be done relatively cost effective.

3. Do nothing.

4. Move for a motion to have the current attorney relieved and have another court appointed attorney assigned. Unfortunately, this usually results in longer delays due to the same problems that you are already experiencing.

If you have any questions, feel free to call myself or my partner Greg Rizio for a free consultation. (909/781-6500 or 888/292-8888)

Answered on 1/05/04, 1:05 pm

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