Court Appointed Attorneys

You have been accused of a criminal offense in Michigan, but you are unable to hire an attorney. You should be aware that the County in which you were arrested has the responsibility of providing you with an attorney if you are unable to afford one on your own. They are often called "Public Defenders", "Public Offenders", or more commonly, "Court-Appointed Attorneys". There are many questions about court-appointed attorneys and we will attempt to answer the most common of them here.

Do I have to pay my court-appointed attorney?

No, you do not have to pay for the services of your court-appointed attorney; at least, not up front. The local government will oftentimes cover the expense of your court-appointed attorney with one notable exception – parents are often ordered to re-pay the court for money paid to the court-appointed attorney.

What if I don't want a court-appointed attorney?

You are not required to settle for a court-appointed lawyer. You do have the option to represent yourself, which we do not recommend under any circumstances. Experienced criminal defense attorneys understand the process required in a Michigan legal proceeding, and, without this knowledge, your defense can be over before it even starts. Many of our clients originally had a court-appointed attorney, but have chosen to leave their appointed attorney and hire a lawyer who thoroughly understands the questions of law that the case will ask. Other clients come to us because their court-appointed attorney is failing to give the case the attention and aggressiveness a legal defense requires. You always have the right to upgrade your representation, and you should utilize that at the moment you believe your representation is lacking!

At what point in the case can I have a court-appointed attorney?

You are entitled to a court-appointed attorney at any point in your criminal proceedings. This court-appointed attorney has a right to appear at all hearings your case requires. In a typical situation, once you are given your complaint (the allegations against you), the court will then decide if you have the necessary funding to pay for your own representation. If it is determined that you do not, then a court-appointed attorney will be assigned to serve as your counsel in this legal proceeding. If you say you do not want a court-appointed attorney, the court must inform you that you will have a right to one later in your proceeding. The court must also inform you of your right to have its findings appealed by a court-appointed attorney later.

Is there any time when I don't have a right to a court-appointed attorney?

You have a constitutional right to an attorney "at all critical moments" of the criminal proceedings." However, if the court determines you are financially able to hire your own attorney, then a court appointed lawyer will not be allowed.

What happens if the court-appointed attorney no longer wants to work with me?

In order for your court-appointed attorney to stop being your legal council, they must ask permission of the court to end the attorney/client relationship. This will not be allowed in circumstances where your defense will be unduly prejudiced. The court will oftentimes permit a representational change to another court-appointed attorney if he/she is familiar with your case. This is often when we see clients hire us as their counsel. After one or two of these attorney changes, they realize that their case is not being given the attention it deserves – causing them to upgrade to the Aggressive Criminal Defense offered by our law firm.

What if I don't think my court-appointed attorney did a good job representing me?

If you do not believe that your court-appointed attorney did a good job of representing you, then you have the right to file an Ineffective Assistance of Counsel claim against your former attorney. To win this claim you must show that your court-appointed attorney’s performance was below that reasonably expected, and that had the Counsel been effective the case would have had a different outcome. If you can prove this then you will have the right to a new trial with a new attorney. Courts very rarely find Ineffective Assistance of Counsel, and because of this the charge should not be relied upon. You are better off hiring an aggressive criminal defense attorney at the first signs that your attorney may be ineffectively handling your case.

Can I fire my court-appointed attorney?

As long as you are not a minor, you may fire your court appointed attorney at any point during your criminal trial. This is true as long as the court feels that you have a good reason to do so. Be aware that the court will probably not allow you to have another court-appointed attorney. At Kronzek & Cronkright, we encounter numerous clients who have hired us after firing their court-appointed attorney. Given the choice between representing themselves (which is never recommended) and hiring the aggressive, tenacious, and highly experienced law firm of Kronzek & Cronkright, the decision is usually very clear. We offer a free initial consultation, and give you the respect and dignity you deserve. We don’t "farm out" your case, and we don’t have 100-200 files on our desks (a common complaint with court-appointed attorneys) that causes our attention to be diverted from your case. Let us help get your case back on track, either e-mail us using our contact form, or call us now at 1-866-766-5245.

Contact us about your legal matter today! Call us at 1-866-766-5245