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Ask TexCrimLawyer, J.D. Your Own Question

TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3621
Experience:  Experienced in state and federal criminal litigation.
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I would like to remove the attorney from my case. I have mention

Customer Question

I would like to remove the attorney from my case. I have mention in the past that he was ineffective, unprofessional and very ill prepared. Now I am preparing for sentencing and he is no where to be found. I would like to prepare an "ExParte" motion to have him remove. I do have a CJA appointed attorney that I may keep but it's only if she is willing to assist me. No one have order the Transcript from the trial or any other relevant document that is needed to prepare a motion for a new trial. What do I need to do to remove the lead attorney who we paid as my attorney
Submitted: 1 year ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 1 year ago.

TexCrimLawyer, J.D. :

Good afternoon. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

Have you asked your attorney to withdraw yet?

Customer:

Yes He refused and refused to refund any ofmy money. But he isd doing less now than he did doing the trial which was very unprofessional.

Customer:

waiting for your reply

Customer:

Waiting a reply

TexCrimLawyer, J.D. :

I'm sorry, but I'm unable to see your last answer.

TexCrimLawyer, J.D. :

Has your attorney attempted to withdraw?

Customer:

I ask him to withdrawn and he refused. No he has nit attempted to withdrawn.

Customer:

I have wrote him 2 letter suggesting that he withdraw so that it will not be any added problem.

Customer:

I have share this situation with a few people who state we do have a case Under Rule 33 Stickland vs. Washington. I would like to know how to file a motion to have him remove. And to request the transcipt from the trial, transcipt for his close-door hearing to "show cause" and any oher documents that would be needed to file a motion for a new trial.

TexCrimLawyer, J.D. :

OK. There are several issues going on here.

TexCrimLawyer, J.D. :

First, to have him removed, you need to file a motion in court titled "defendant's motion to proceed pro se." In your motion, you should reference your poor relationship with your current lawyer and as a result, you would like to represent yourself. Keep in mind that the 6th Amendment guarantees you the right to an attorney, with a very strong presumption in favor of the attorney of your choice. In your case, that includes the right to represent yourself. Normally, an attorney would file a motion to withdraw and include in it that you would like to proceed pro se. In this case, since the attorney won't do it, you will have to do it yourself.

TexCrimLawyer, J.D. :

As far as the ineffective claim, you can only make that claim after you have been sentenced.

TexCrimLawyer, J.D. :

If you are indigent, you can file an ex parte motion for the court to pay for the transcript. Once you get that order granted, just speak with the court reporter and they will handle the transcription.

TexCrimLawyer, J.D. :

The reason you can

TexCrimLawyer, J.D. :

The reason you can't bring the ineffective claim now is because the claim is not yet "ripe," that is, the case isn't over, so a court can't judge whether the lawyer was truly ineffective.

TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 3621
Experience: Experienced in state and federal criminal litigation.
TexCrimLawyer, J.D. and 7 other Criminal Law Specialists are ready to help you

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