How can my nephew sit in jail for 6 months and not have a visit with court-appointed attorney?

UPDATED: Sep 30, 2022

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How can my nephew sit in jail for 6 months and not have a visit with court-appointed attorney?

My nephew out of prison on plea bargain was arrested after subsequent allegation and is in county jail on $100,000 bond for 6 months. He has court-appointed attorney who has yet to make contact with him.

Asked on January 12, 2017 under Criminal Law, Oklahoma


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He can request a hearing for what is known as "substitution of counsel". This  means that he can get a different public defender to represent him so long as he can convince a judge that it is necessary. To seek a hearing for this, he should write a letter to the judge who is on his case and request a meeting with them. A copy of this request should be in letter form and sent to the lawyer who he wants removed and also to the the prosecutor. He should make sure that both copies and the original (which goes to the judge) are sent via certified mail; he will also need to keep a copy for himself. The letter should state that he wants his present attorney removed from his case and why. He'll need to list the problems that he is having with his PD. The letter should be kept short and to the point and be truthful.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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