Legal Question in Criminal Law in Missouri
If you fire the public defender , dont the state have to appoint another, or do
I need to know if the court can make you represent yourself at a trial for murder, even though we do not know much about the law.
The public defender they did have, was not doing very good for him so he fired him, and now the judge has said that he has to represent himself if he wants to fire the public defender , and he said he would.
I am seeking some justice here and hope that I can find out that they cant do that to him, he has been in jail for several months, and I personally believe that he is not thinking correctly or something.
Let me tell you , the Prosecutor in our county knows that he is innocent ,but he dislikes him, so he has said ,that he will do whatever it takes to get him off the street.
I hope you can provide me with some useful information.
Thanks Alot
1 Answer from Attorneys
Re: If you fire the public defender , dont the state have to appoint another, or
I do not know of any requirement for the Court to appoint another attorney in cases where the defendant has qualified for the public defender but then fired the public defender. I did have a case recently where the defendant fired the public defender and was able to have his family hire me. Then, the defendant wanted to fire me but did not want to accept he services of the public defender. Eventually, I was allowed leave of court to withdraw and the defendant accepted the public defender again. By the way, that particular defendant is still in custody many months later and will no doubt serve an extended term of imprisonment due to the fact that he has made and continues to make very bad choices. If you believe that the person you are concerned with "is not thinking properly", you might consider talking with the public defender about the possibility of having the defendant undergo psychiatric evaluation (at the expense of the state). If he is found to be mentally unfit to assist with his own defense, he may be sent to a mental health facility instead of being convicted and sent to prison. Then, after a reasonable time, and definitely within six months, he would be reevaluated. If he is mentally able at that time, he would be brought back for trial. One thing is for absolute certain, and that is that it would be a gigantic mistake for anyone to represent himself in defense of a murder charge. If the defendant cannot hire a private attorney, then the defendant should at least make use of the legal services of the public defender's office.
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