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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1092
Experience:  Experienced, and knowledgeable family law attorney.
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I have been appointed an attorney who wants me to plea to charges

Resolved Question:

I have been appointed an attorney who wants me to plea to charges I am not guilty of can I ask the judge for anew court appointed attorney. I'm due in court at 9a.m. this morning
Submitted: 11 months ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 11 months ago.
Thank you for the opportunity to assist you.

Q) Can I ask the judge for a new court appointed attorney?

Yes, you can ask, but you may not get one.

A person has a constitutional right to hire an attorney of their choosing. If you hire (i.e. pay for) attorney 1, and you don't like what that person does, you can fire him and hire attorney 2, 3, 4, 5, etc.

However, when a person has a court appointed attorney, you do not get to choose which particular court-appointed attorney you want. The law says that, so long as the attorney appointed to your case is competent to handle your case, that is the attorney you will have unless there is some other remarkable circumstance present.

Go to court early and talk to the attorney. Tell him or her your concerns. If you get in front of the judge, tell the judge you're not comfortable going forward because you haven't had enough time to talk to your attorney. Ask the judge for more time.

Ultimately, if you're not guilty and you don't want a plea deal, then don't take the deal. Go to trial. It's your choice, not your attorney's. Just remember that if you go to trial and lose, things could be worse. In other words, a judge or jury might not believe your side of the story, they might decide you ARE in fact guilty, and that you should go to jail or prison.

Your attorney might be making an educated guess, based on what he or she knows about the facts of your case and the law, and is advising you to not take the risk of trial and to go with the safe route of drug court. Ultimately, the decision of whether or not to accept a plea or to go to trial is YOURS and YOURS alone.

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, please rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Take care,
Shuband
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1092
Experience: Experienced, and knowledgeable family law attorney.
S. Huband, Esq. and 7 other Family Law Specialists are ready to help you
Expert:  S. Huband, Esq. replied 10 months ago.
Hello again,

I was notified that you rated the answer I gave positively, and I am very pleased and gratified that I was able to help you. I sincerely hope the matter(s) we discussed turn out well for you.

Please ask for me in the future if you have additional questions or concerns. Thank you very much for the opportunity to assist you.

Take care,
Shuband

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