Hi tifkne!!
After research about the possibility of choose the public defender
that you want I found that the answer to your question is negative.
A Public Defender are appointed in the following situation: when a
defendant appearing in criminal court cannot afford to hire a private
attorney. This person can make a request for an appointment of a
Public Defender at any time, but it is best to present this request as
soon as possible. In this situation the judge will review your
financial situation and then decide if you qualify for a free Public
Defender or in some cases you must pay for the public defender the
amount the judge decide that you can.
If you qualify to appoint a Public Defender to represent you, the
local Chief Public Defender or the Judge decide which attorney will
handle your case. You are unable to choose the Public Defender that
you want.
Also in some circumstances you can fire the Public Defender appointed
to you,
You can read about this at the "State of Wisconsin - Office of The
State Public Defender" website in the "Trial Division - Frequently
Asked Questions" page:
"-Can I choose which attorney from the State Public Defender
represents me?
Because of the need to distribute the high volume of cases fairly and
efficiently, the State Public Defender cannot allow clients to pick
the individual attorneys appointed to represent them.
-What can I do if I am dissatisfied with the attorney appointed for
me?
Most often, disagreements can be resolved successfully simply by
speaking with the appointed attorney. However, if communicating
directly with the attorney is not successful, the client may speak to
the supervisor of the State Public Defender office that appointed the
attorney. Often, the supervisor can resolve the issue ina satisfactory
manner by speaking to the appointed attorney.
-Can I fire my appointed attorney and get a different one?
Under some circumstances, yes. The client should make a written
request to the State Public Defender local office that appointed the
attorney. The State Public Defender will appoint a second attorney
after the court has given permission to the first attorney to withdraw
from providing representation in the case. Additional attorneys are
appointed only if the court finds that there is a good reason to allow
the second attorney to withdraw."
http://www.wisspd.org/html/trial/faq.asp#8
At the "Federal Public Defender District of South Dakota" page you can
read:
"APPOINTMENT OF COUNSEL:
The law provides that, under most circumstances, a person facing
criminal charges in federal court is entitled to the assistance of an
attorney. If a person cannot afford to hire an attorney, then the
court can appoint a lawyer for the person. Under some circumstances,
the court can order the person to pay part of the cost of the attorney
during the case, or to repay the cost of the legal services after the
case is over.
The decision to appoint a lawyer is normally made by a United States
Magistrate Judge. Lawyers in the Federal Public Defender's Office
cannot give legal advice to anyone unless the court has approved the
appointment of an attorney. Legal advice and representation must be
limited to those matters related to the criminal charge for which an
attorney was appointed."
http://www.fpdsd.org/content/client_manual.html#appt
For more information related, please visit the following web pages:
"Criminal Law: SHOULD I ASK FOR A PUBLIC DEFENDER?" at the "Chartered
Law Offices of Troum Wallsh" website:
http://www.troumandwallsh.com/CriminalLaw/should_i_ask_for_a_public_defender.htm
"Discussion of The Ten Commandments of Public Defense Delivery
Systems" an article by James Neuhard, published in "Compendium of
Standards for Indigent Defense Systems: A Resource Guide for
Practitioners and Policymakers" (Office of Justice Programs/Bureau of
Justice Assistance, U.S. Department of Justice, 2001); this article
appears at " National Legal Aid & Defender Association" website:
http://www.nlada.org/Defender/Defender_Standards/Standards_Attach6A
To learn more about the public defender appointment process in the
district where you are facing charges, contact the District Court
Administrator or Public Defender's Office in that District.
Search strategy:
"public defender" choose
"assigned counsel " choose
Search engine:
Google
I hope this helps, if you need a clarification, please post a request
for it.
Best regards.
livioflores-ga |
Clarification of Answer by
livioflores-ga
on
21 Feb 2003 23:27 PST
Hi again tifkne!!
I want to add more info to my answer.
As I said you in the first answer (above) Lawyers in the Public
Defender's Office cannot give legal advice to anyone unless the court
has approved the
appointment of an attorney. So you must ask for a Public defender as
soon as you can. The best moment is at the arraignment.
At the "City of Chelan WA" website in the "CRIMINAL AND TRAFFIC
PROCEDURES" page I found more detailed procedures, that specify when
you must ask for a Public Defender:
"-What is an Arraignment?
The arraignment is generally your first appearance in court on the
citation or charge. The Judge will inform you of the charge and
explain it. Next it will be confirmed that you understand your
constitutional rights as explained in the court forms, and finally the
maximum punishment and mandatory minimum punishment, if any, will be
stated. No testimony is taken or evidence presented at the
arraignment....
-If I Am Financially Unable to Hire A Lawyer, How Do I Qualify For A
Public Defender?
At the arraignment, indicate to the Judge that you are unable
financially to hire a lawyer. The Judge will request that you fill out
a financial affidavit and will call you up again at the end of the
arraignment calendar. At that point the Judge will review your
affidavit form and determine, according to the appropriate financial
guidelines, your eligibility for a public defender. If you qualify,
the in-court clerk will give you a form with the address and phone
number of the public defender. You must contact the public defender
immediately for an appointment and be available for all meetings as
requested by the lawyer."
http://www.cityofchelan.com/justice/criminal_faqs.htm
At the same page you can find the answer to the following questions:
-What Should I Wear and How Should I Act in Court?
-What are My Constitutional Rights?
-Should I Talk to a Lawyer Before Entering a Plea?
-If I Plead Guilty, What Will Happen?
-What Happens If I Plead Not Guilty?
-What Alternatives Are There For Serving A Jail Sentence?
-What Must I Do If I Can’t Pay My Entire Fine Today?
The following pages will be useful to you:
"childabuselaw - FAQ: Accused" published by David S. Marshall:
http://childabuselaw.info/faq/accused.htm
"Criminal Law: Free Legal Information" from FreeAdvise.com a free
legal advise website:
http://criminal-law.freeadvice.com/
A sample question from this last page:
"I AM INDIGENT PERSON WHO RETAINED AN ATTORNEY BUT NOW HAVE RUN OUT OF
MONEY JUST BEFORE TRIAL. WILL THE STATE CONTINUE TO PAY THE ATTORNEY
OR WILL I BE ASSIGNED A PUBLIC DEFENDER?
You will have to switch over to a public defender unless it's so close
to trial that the judge refuses to let the private attorney withdraw.
If a public defender is assigned, the judge will grant a continuance
and delay the trial until the public defender can get up to speed."
"Case going to court - can't pay my attorney":
http://criminal-law.freeadvice.com/trial_attorney.htm
Hope this gives you more help.
Regards.
livioflores-ga
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