Legal Question in Criminal Law in Colorado

Finding a lawyer when indigent

This is a very long and complicated case, but my son was just convicted on false allogations of child molestation. This was his third trial. The verdict was split. Because of this case--he lost everything--job--house--cars--etc. Now he was forced to depend upon public defenders who didn't do a very good job. Now here's his problem (among many).. he see's his only hope of another trial in the fact that his pd's did not get him the court ordered expert witness he was promised. He needs to file a motion for Ineffective Council based upon this premise. BUT--since he is indigent--he cannot find anyone who will file this motion for him. It's obvious that the PD's won't do it!! Time is of the essence--what can he do?? Can you help us? Thank you--Linda


Asked on 1/12/06, 8:53 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Finding a lawyer when indigent

He first needs to file a petition for counsel on a 35c IAC (motion for ineffective assistance of counsel). If oked by the judge, Alternate Defense Counsel will be appointed. This is fairly common. The PD is conflicted out, so other counsel is appointed.

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Answered on 1/12/06, 11:50 am


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