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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26840
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can an inmate hire a public defender Appeals case if

Customer Question

Can an inmate hire a public defender for an Appeals case if inmate's lawyer has passed away?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Public defenders cannot be hired. They must be appointed by a judge. If a defendant can afford to hire a private lawyer, he's not entitled to a public defender.
If the inmate's appellate lawyer has dies and he can afford to retain new counsel for his appeal, that's what he can do. If he cannot afford it, he can petition his judge to appoint an appellate public defender to take over his case. If he or someone on his behalf calls the appellate defender office, someone there can tell him how he goes about applying for one, as this procedure will vary from jurisdiction to jurisdiction.

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