I need to fire my court appointed attorney

[ibnatasha2u]

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

Can I fire my court appointed attorney? I have asked him over and over to put in a motion to suppress, and he keeps blowing me off. I have a very good argument to win the suppression. If it is possible to fire him, will the court appoint me another one or will I have to hire one on my own?

Thanks.

 

[TheGeekess]

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

Can I fire my court appointed attorney? I have asked him over and over to put in a motion to suppress, and he keeps blowing me off. I have a very good argument to win the suppression. If it is possible to fire him, will the court appoint me another one or will I have to hire one on my own?

Thanks.

How do you know this for sure? Could be it WON'T work and your attorney knows it.

 

[Proserpina]

How do you know this for sure? Could be it WON'T work and your attorney knows it.

That's usually the case, yeap!

Not saying there aren't lousy lawyers out there, but for the most part they do know generally know what will and won't work for the their client.

 

[ibnatasha2u]

How do you know this for sure? Could be it WON'T work and your attorney knows it.

Because the unwitting informants do not satisfy the requirements of the Aguilar-Spinelli test Washington uses to establish the reliability of informants. That is discussed in a recent Washington State Supreme court case of State vs.. Lyons decided April 26 2012. It is still on the Washington Court website if you want to take a look.

 

[sandyclaus]

Because the unwitting informants do not satisfy the requirements of the Aguilar-Spinelli test Washington uses to establish the reliability of informants. That is discussed in a recent Washington State Supreme court case of State vs.. Lyons decided April 26 2012. It is still on the Washington Court website if you want to take a look.

Just because an informant isn't necessarily reliable doesn't mean that the evidence they may present can be suppressed. That would be a matter for a judge or jury to decide, I believe.

 

[ibnatasha2u]

Actually what I'm asking to be suppressed is the search itself, but that wasnt what I was asking a question about. Again I ask, can I fire my court aoppointed attorney and how would I do this, and if I am able to, will the court appoint me a new one or will I have to hire one on my own?

 

[swalsh411]

Actually what I'm asking to be suppressed is the search itself, but that wasnt what I was asking a question about. Again I ask, can I fire my court aoppointed attorney and how would I do this, and if I am able to, will the court appoint me a new one or will I have to hire one on my own?

What makes you think you will have any better luck with another attorney? Have you spoken to a private attorney about the possibility of success if you hired them to represent you?

 

[ibnatasha2u]

Yes I have. Now can someone PLEASE answer my question without a question?

 

[swalsh411]

Yes I have. Now can someone PLEASE answer my question without a question?

The attorney you spoke to would be happy to assist once you hired them. They are more familiar with local court rules and procedures than anybody here.

 

[Proserpina]

Yes I have. Now can someone PLEASE answer my question without a question?

I don't know - do you?

 

[>Charlotte<]

You can ask to be reassigned, but the court won't be obligated to do so.

Wasn't there a determination of indigency when you were appointed counsel?

 

[Zigner]

The government is required to appoint an attorney for you. They have done that.

 

[ibnatasha2u]

The government is required to appoint an attorney for you. They have done that.

Yes they have, but I don't feel that he is representing me to the best of his ability. I'm not trying to be difficult with the court, but I truly feel that I'm just being shuffled through the system like so much paperwork.
And thank you for answering my question without the attitude.

 

[ibnatasha2u]

You can ask to be reassigned, but the court won't be obligated to do so.

Wasn't there a determination of indigency when you were appointed counsel?

Yes I was screened. What would be the procedure to request new councel?

 

[sandyclaus]

Yes I was screened. What would be the procedure to request new councel?

You would have to file a petition with the court for a hearing. At that that hearing, you would need to justify your reasons for wanting to fire your current attorney and ask them to appoint a replacement for you.

And THAT is the reason why we keep asking you to tell us why you think your attorney isn't doing their job when they refuse to file that motion to suppress on your behalf. Unless you can prove that your attorney is ineffective and not performing their job to the best of their abilities, and not doing what is appropriate to represent your best interests, it won't even do any good to make the request - because the judge will see it simply as a personality conflict, and NOT justification to change attorneys for you.

So, when you asked your attorney why they refuse to file this motion to suppress, what exactly did they say to you?

As we keep telling you, the attorney is the legal professional here. Just because you think something might work, the attorney has a better working knowledge of the process than you think you do. If they tell you it won't work, it probably won't. Of course, you can find the money to get advice from a different attorney yourself, but you risk losing your money and finding the answer exactly the same as what you have already gotten.