Can a court appointed attorney decide to enter a plea of guilty on a defendant without even seeing the defendant or consulting?
5 attorney answers
It is impossible for an attorney to enter a plea of guilty on your behalf without you being present on this type of case. Some times you will see it happen on a very minor case but certainly not one as serious as a Class 2 felony. If a plea was entered on your behalf, not only would your attorney be in trouble, but also the judge. That being said, you clearly have a problem with your attorney. There are many fine attorney's who will handle your case with the attention that it deserves. Call one!
He can, but he will have violated so many of the canons of ethics that he won't be practicing long. As to the balance of the question the attorney has a legal and ethical duty to meet with his client and to develop a defense for him and his failure to respond to is inquiries would amount to the ineffective assistance of counsel charge that will surely cause him problems with the State Bar.
No attorney, court appointed or otherwise, can enter a plea of guilty for a defendant. Only the defendant can plead guilty (I suppose the rule might get bent a bit for a traffic ticket) and only the defendant can decide whether to plead guilty or to insist upon a trial.
From your question it does not sound as though anybody has tried to enter a guilty plea for you. It just sounds as though your appointed attorney is ignoring your case. That should not be happening. Complain to the judge the next time you are in court, or write to the judge now to complain that you have had not contact with your attorney in well over two months in custody. If your lawyer is an assistant public defender, write to the chief public defender, too.
The answer would be no. But you would have to be present before the court to enter a guilty plea. So, my guess is that your case is still pending and that your attorney is not very concerned with your case.
It is the defendant's sole right to enter a plea of guilty to a charge. It is unethical for an attorney to enter any plea without the defendant's approval. That being said this appears to be a lack of communication issue. If any attorney, appointed or retained, is not communicating with the client, the client should info the court if such.
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