Can a paid or court appointed attorney represent you again against your wishes when you have already filed a rule 37?

Asked almost 2 years ago - Pine Bluff, AR

my first state case in December 2003 of a robbery charge, A public defender who I was never inform or never met while in jail file court papers without my permission, including motions to stop my guaranteed constitutional right to a speedy trial that I wanted and sat in jail over one year then he came around January 2005, with a plea deal that I never attentionally signed even though in jail I was under mental health doctor and strong medicine and was not competent at that time for no deals. So A coerced plea agreement put me in state prison as with my first state felonies. And over a year after in state prison I learned and filed a rule 37 post conviction relief to Arkansas Suprem Court on that crooked attorney.

2011 a criminal mischief charge case he represented me against my will

Attorney answers (1)

  1. Debra Joan Cheatham Reece

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The answer depends on the circumstances. Generally, while you have the right to an attorney, if you cannot afford one and one is appointed for you, you don't get to pick and choose your appointed attorney. Nonetheless, it concerns me if you have previously filed a Rule 37 against him and then he was appointed again. If he was appointed, you might have an argument, if you made your objections known. However, if you did not object, or if you actually retained him as your attorney, then you may well have waived any objection.

    If you are looking for legal advice on your particular circumstances, I suggest you contact a local criminal defense attorney and set up an appointment for a consultation.

    No attorney-client relationship is established with this answer. It is not to be considered legal advice, but is... more

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