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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 486
Experience:  Attorney and Counselor at Law
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My grandson is in county jail for conduct with a minor. His

Customer Question

My grandson is in county jail for sexual conduct with a minor. His court appointed attorney seems to be more pro prosecution than defending him. He has been in county jail for 4 months and attorney has not even visited him and talked about strategy what should he do.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 4 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

I am not permitted to tell JustAnswer.com what to do in their specific situation or list all of the legal rights / legal options that might potentially apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.

I can however, provide you with a general answer, if you have a legal question for me?

Thank you.

Customer: replied 4 months ago.
I fully understand this is for educational purposes is there a way for him to get an court appointed attorney to defend him. The one he has does not seem to be working for him. Is there a hearing he can ask for ?
Expert:  Alex J. Esq. replied 4 months ago.

Thank you for your follow up.

Are you able to hire an experienced local private criminal defense attorney for your grandson?

Customer: replied 4 months ago.
I am not able to hire a private attorney.
Customer: replied 4 months ago.
I just need some advise don't even know where to turn. He is not a predator sex was consensual and he thought she was older than she was. There are mitigating circumstances but prosecutor wants him to plea bargain for 20 years. I think it should go to trial but attorney is not offering that.
Expert:  Alex J. Esq. replied 4 months ago.

Thank you for your follow up.

I cannot provide any type of legal advice to JustAnswer.com customer, as such legal advice can only be provided by your local attorney upon full review of your grandson's case.

I will opt-out of your case at no charge to you and wish you the best of luck!

Expert:  Colleen Grady replied 4 months ago.

I will help you with your questions. I can educate you about your grandson's legal rights.

You said your grandson's attorney is not "offering" a trial. This is not his choice. It is your grandson's choice, and every criminal defendant's choice, whether or not to go to trial. This right is found in the Bill of Rights of the US Constitution. It is the job of your grandson's attorney to give all the options available. Your grandson can go to trial even against the advice of his attorney.

As for the attorney's lack of contact with your grandson, the US Supreme Court has ruled that your grandson is entitled to “effective aid in the preparation and trial of the case.” Powell v. Alabama, 287 U.S. 45, 71–72 (1932). Your grandson has several options, which he can decide try in the following order:

  1. Write a letter to the attorney indicating the amount of time he has not seen the attorney. Make a request to see him immediately. This will document the attempts to see the attorney. If there is not visit by the attorney, then he can decide if he wants to go to the next option.
  2. Make a motion to the judge asking for a new attorney.
  3. File a complaint against the attorney. To do this call(###) ###-#### All formal complaints of misconduct are filed by the State Bar of Arizona with the Disciplinary Clerk, Office of the Presiding Disciplinary Judge.

Please let me know if I can help more. If you are satisfied with my help, please rate my service.

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