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court appointed attorney

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cjdubois

Junior Member
What is the name of your state (only U.S. law)? Texas
Hi I was being represented by a court appointed attorney on a MTAG. He got the MTAG dismissed and also asked that the Judge still consider granting me early termination from probation. He then got with the secretary and set a date for Dec. 15, next Wednesday. Yesterday I called my attorney to confirm and he said that the court has paid him for representing me and if I need further assistance from him on Wednesday that his fee is $750. I'm broke that is why the Judge appointed him in the first place. I was under the assumption that this attorney was appointed to me until the end of probation. What do I do?
 


latigo

Senior Member
You are mistaken in thinking that the state retained an attorney to represent you throughout your period of probation.

You were brought back to court on the state’s motion to adjudicate guilt on charges, which were previously deferred subject to your compliance with the terms of probation.

The court was required to appoint an attorney to represent you at the MTAG hearing in recognition of your 6th Amendment rights to counsel. And apparently because if the state’s motion to adjudicate guilt had been granted possible punishment for the crime includes a period of incarceration.

Whatever the decision the court comes to on your application for early termination of probation will not result in your being incarcerated. Thus you have no constitutional right to a court appointed counsel with respect to that hearing.
 

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