Legal Question in Criminal Law in Michigan
Lazy court appointed attorney
A friend of my sister's was arrested for an outstanding warrant. But he had already served time for the charge the warrant was issued for and only had to pay a fine of $780. His court appointed attorney knows this and refuses to inform the judge of this and other information that may free him earlier than the time he is to serve. How may someone in the state of Michigan change court appointed attorneys?
1 Answer from Attorneys
Re: Lazy court appointed attorney
You need to be sure that your sister's friend is not being held for some other reason. It does sound like the judge decided that his failure to pay the fine [part of his earlier sentence] would be better remedied by jail time than by release to give him another chance to take care of business. A fine of that size would have been payable in monthly installments and if he failed to do so, then I can only suspect the judge lost patience, which is not the attorney's fault or problem. Perhaps the [underpaid] appointed atty is lazy, or perhaps you don't have the full story.
In any event, if the atty is the problem, then the person can petition the court to have his attorney removed and another appointed. He should write a lettter directly to the judge and explain what he thinks immediately. The judge should set a hearing and the attorney can defend himself or more likely, voluntarily withdraw given his client's lack of trust in his counsel.
Alternatively, your friend can simply hire his own attorney OR, he can pay the fine and they SHOULD release him without too much trouble if that was the only issue.
Good luck.
Regina Brice
Brice Law Offices
2257 44th Street SE Suite 205
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