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I,need an attorney appointed by the state to help my son with a habreas corpus plea how,can he get a state appointed attorney?

Belington, WV |

After ,being convicted he was given an attorney,who would not see him /or talk to his family or keep any correspondence with my son,or his family.And,my son fired him as,He was not thereat all .My question is;How can he get representation? He,Is Innocent and put away for something he has not done.This is the United States not some foreign country.I,can't understand when I,look at the wrongfully convicted in Texas prisons how,the Goverment isn't concerned,and doesn't look into why someone is locked away,with no one caring if,they have or can afford counsel.There is something seriously wrong with the legal system, to think it's alright.How would they feel if,they were in they're shoes?Everyone wasn't born with a silver spoon,and everyone can't afford a high cost attorney.

Attorney Answers 2

  1. Dear ?,

    In order to have counsel appointed in West Virginia for a habeas corpus petition, the accused must first submit a petition to the circuit court where he was convicted along with an application to proceed in forma pauperis (as a pauper). If the circuit court finds the petition has any merit and approves the in forma pauperis application, THEN but NOT BEFORE the court must appoint counsel to assist the petitioner.
    This may seem unfair, but I note that the U.S. Supreme Court ruled long ago there is no constitutional right to an appointed counsel for any proceedings after the direct appeal so in many states the accused has no choice but to represent him or herself on a state petition for habeas corpus.

    Yours sincerely,
    Tim Provis
    Cal. Bar No. 104800
    Wis. Bar No. 1020123
    Member: U.S. Supreme Court Bar