Legal Question in Criminal Law in Oregon

Dismiss Lawyer & Miranda Rule

I have a court appointed attorney, I feel he's working for the district attorney and not me. How do I fire him?

During any time through the process of citation, court to plead not guily or bookink and release was I read my rights. Don't you have to be read your rights at some point?


Asked on 1/20/04, 10:25 am

1 Answer from Attorneys

Matthew Kaplan Kaplan Law, LLC

Re: Dismiss Lawyer & Miranda Rule

Court appointed attorney do not work for the DA. If you are unhappy with your attorney you can hire your own private representation. If you cannot afford to do so, then you need to communicate your concerns with your public defender. If after communicating your concerns you feel that things are not working out, then ask him to set up a hearing so you can ask the court for a new public defender. Just because you get the hearing does not mean you will get another attorney. You do not get to choose your public defender. It is best if you can work things out.

Law enforcements do not have to read you Miranda Rights. If they fail to do so, then evidence that is a result can be challenged. That does not mean the entire case goes away. It only means that some evidence against you could be suppressed.

Good luck

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Answered on 1/20/04, 12:09 pm


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