Legal Question in Criminal Law in Michigan

court appointed attorneys
my son is currently on parole for possession of heroin and now faces another charge of possession of drugs which also will violate his probation. He has a court appointed attorney and we went to court on monday for him to plea and court was postponed until Monday because the attorney was not prepared.
He told us the week before what we were supposed to do and had forgotten everything and we believe that he was on drugs. He slurred his words, stumbled and could not remember anything that was said. We are terrified that he will not tell my son the right things to do and want to know if we can get another court appointed attorney and if so, how do we go about that(court is this coming monday)? We are scared that trying to get another court appointed attorney will be another strike against my son. After all, who is going to believe us? We really were shocked that no one said anything to him! Was so obvious it was pathetic. This is for the Macomb County Circuit Court in MOunt Clemend, michigan.
Any help or advice would be appreciated.

Asked on 2/08/08, 5:02 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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Re: court appointed attorneys

Has he talked to his lawyer about these concerns? The attorney might join in the motion to discharge him as the appointed attorney because there has been a break-down in the attorney-client relationship. The attorney might stipulate just to keep the real allegations from being placed on the court record.

Your son can ask the court to discharge the current attorney and appoint a new attorney. He should contact the court ahead of time to see if he can do this through an oral request or has to file something in writing explaining his concerns.

I cannot see how this will be "a strike against" your son. To the contrary, it'll show that he's aware of the importance of making clear-headed decisions that affect his legal future.

Answered on 2/08/08, 7:59 am

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