Legal Question in Criminal Law in Michigan

court apointed lawyer

Hi, i'm looking for the answer to my q's. I'm dealing with a protective services case where my children where taken away. The courts gave me a court apointed attorney cause i could not afford one. my q's is this. can i make the courts give me a diffrant one? Due to the fact that the one i have will not communicate with me, answer my q's and of corse going threw this i have alot. Nor will he return my phone calls. I even went up to the court house where he was and he still would not talk to me. The cps worker wants me and my family to take a sike evaluation and says i need a answer from my lawyer. I realy feel he is not fond of my case or me not shure. can you please answer at least this questuin for me.


Asked on 4/16/04, 3:22 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: court apointed lawyer

Most courts will give you one "replacement" court-appointed attorney if you have serious problems with the original one. You cannot do this over and over and over. At some point, the judge will decide that the problem may be the client, not the attorney(s).

Put your problmes on paper. Be detailed re: your complaints about the attorney. File it with the court (and deliver a separate "judge's copy" to the judge's office), plus send copies to your attorney and FIA. The court might schedule a hearing for this issue, or address it at the next scheduled hearing.

Be PROactive, not REactive here! Your parental rights may be at stake. These are the cases that I handle, but I am an assistant prosecutor and my role is to assist FIA , not the parents. But if you want your kids back, do everything you are told to do ... do it early ... do more than you are asked to do ... keep records of what you do ... keep the FIA caseworker informed about what you're doing ...

But your relationship with your attorney is critically important. You need the attorney to do things for you ... including answering questions. Take action here to either mend this problem ASAP, or get a new attorney ASAP. Delays hurt the kids!!!

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Answered on 4/16/04, 4:05 pm


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