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Lawyer's Unlawful/Bizarre Withdrawal

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stephanieann

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

I had gotten an MIC on July 3rd, 2011. I have no income and am a college student. The court's told me to file for a court appointed attorney and I did as they suggested. I received my court appointed attorney that same month and have been using her ever since I was accepted to have a court appointed attorney. Today I went to a meeting with just my attorney to talk before the actual jury trial, which is on November 30th, 2011.

She immediately informed me that the judge is dismissing her from my case because I don't qualify for a court appointed attorney due to the fact that I don't face any jail time for this misdemeanor. I find it pretty bizarre how the judge, lawyer, or prosecutor didn't point out within the past six months that I do no qualify to have a court appointed attorney. Also, I was never served any papers yet. My attorney told me that she had gotten no papers from the court (after I asked her if I could see the dismissal papers) and also told me that the judge told her this "face to face" and there was no need for such papers to be filed. My question: Is it considered unlawful to withdraw from my case a week before the jury trial under such bizarre circumstances?

Am I able to appear in court for my trial on November 30th and claim that I have inadequate counsel and therefore file an appeal?

I have also called another lawyer about this for a consult. He has told me that she is legally my lawyer until I receive actual withdrawal papers. He also said that any lawyer would not have enough adequate time to represent me fully since my trial is in a week.

Thanks ahead of time! :)
 


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

Also, I was never served any papers yet.
:)
What papers? You mean their motion to withdraw? You know you can file an objection & the motion may not be heard for several weeks..giving you the time to find a new lawyer...and delaying the trial...or the lawyer will be your lawyer until the trial...

It is an odd set of events.
 
What is the name of your state (only U.S. law)? Michigan
He has told me that she is legally my lawyer until I receive actual withdrawal papers.

Thanks ahead of time! :)
He's somewhat right. Just because you get a motion to withdraw does not mean that, at that point in time, the lawyer is no longer your legal consul. Its at the time that the judge rules on the motion that the lawyer is no longer your legal representative. Check and see if a motion has been filed with the court .. do not wait to be served (although you should be served).

Don't put your head in the sand.
 

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