Domestic Violence: Court has not appointed an attorney for me after requesting one.

[plt2013]

What is the name of your state (only U.S. law)? Michigan

I was charged with a domestic violence charge. During the arraignment I was read my rights. I requested that an attorney be appointed to me as I can not afford one. The Judge had granted me an appointed attorney during the arraignment. I have a Pre-trial conference coming up and I have not been notified who my attorney is.

How many days before the pre-trial conference do I have until I will be notified who my appointed attorney is?

I am also wondering if I am not given an appointed attorney before the pre-trial conference, what will happen? In other words, if I show up to the pre-trial and an appointed attorney was not provided to me, what will happen to my case?

 

[OHRoadwarrior]

I would politely look at the judge and say " I motion for a continuance based on the courts failure to provide requested council".

 

[plt2013]

I would politely look at the judge and say " I motion for a continuance based on the courts failure to provide requested council".

Thank you for your quick response. So if they forget to appoint me one, could I also request "I motion for dismissal or a continuance based on the courts failure to provide requested council." or would I be better off not mentioning the dismissal part? I only ask because the "victim" plans on writing a letter to the courts asking that the charges be dropped. I have never been arrested before so I am not familiar with the process. I am open for suggestions and advice. Again, thanks for your fast response.

 

[OHRoadwarrior]

A motion for your denial of the right to a speedy trial is framed against the actions of the prosecutor, not the judge.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Michigan

I was charged with a domestic violence charge. During the arraignment I was read my rights. I requested that an attorney be appointed to me as I can not afford one. The Judge had granted me an appointed attorney during the arraignment. I have a Pre-trial conference coming up and I have not been notified who my attorney is.

How many days before the pre-trial conference do I have until I will be notified who my appointed attorney is?

I am also wondering if I am not given an appointed attorney before the pre-trial conference, what will happen? In other words, if I show up to the pre-trial and an appointed attorney was not provided to me, what will happen to my case?

Have you contacted the Public Defenders office?
Have you applied for, and been approved for a Public Defender?
In most states, the Public Defender system is based on financial need. Your income, your debts and your assets (just like applying for any sort of public assistance).

 

[single317dad]

Your attorney will need to enter their appearance before they commence their representation of you in court. It's quite common for an attorney to enter appearance and file for a continuance the day before the court date; after all, only one day is not nearly enough to prepare for your case. Expect this case to be continued (more than once, probably). That said, you should be proactive and contact the public defender's office (if that sort of thing exists in your jurisdiction) or the court and find out who your attorney is.

 

[justalayman]

the attorney can walk into the courtroom at the appointed time and give notice to the court of them representing the OP. They do not have to do it any sooner than that.

I know in my area, there is no PD office. The PD's are private attorneys registered with the courts as accepting clients assigned a PD. If it is the same, the court would be the proper contact until such time the OP is made aware of exactly who is representing them./

How many days before the pre-trial conference do I have until I will be notified who my appointed attorney is?

that would be 0.

I am also wondering if I am not given an appointed attorney before the pre-trial conference, what will happen?

You'l find yourself at the appointed place (or at least you had better find yourself there) without a guy or gal in a suit saying to just relax as this is only a pre-trial conferance

In other words, if I show up to the pre-trial and an appointed attorney was not provided to me, what will happen to my case?

that all depends on you. You should tell the court that you had asked for and believed you were approved for a PD but have not been contacted by anybody yet.

At that time, the court will do one of a couple things:

if you were approved for a PD, they should recess the case pending your appointment of a PD

if you were not approved, notify you of such and ask if you wish to secure your own counsel or if you are representing yourself.

if you tell them you wish to secure counsel, the judge should recess the case for some period of time to allow you to engage counsel
if you tell them you are going to represent yourself, after a quizzical look and the obligatory questions like; are you crazy; they will either move forward with the hearing or address any motions you may have.