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  #1  
Old 09-19-2019, 12:03 AM
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Default Friend doing federal time needs help firing court appointed counsel

Hi, I am trying to help my friend who is doing federal time. He has put in motion to fire his attorney on the ground of ineffective council. I mean the lawyer is garbage and talked him into taking a gun charge for a weapon not even in possession, his residence, or even with him at the same time of his arrest. It was found day before on someone else. The lawyer talked him into taking the gun charge because he said it would make his points lower. He has also not showed up for major deadlines or been communicating very important details going on in his case. He has fired him multiple times and the lawyer even tried resiging from his case however some how some way the courts re-appointed the same lawyer. So now where do we go from here? How do we actually fire the lawyer and get a new one appointed? We don't have money to buy one . I know we have rights to a lawyer and rights to fire our lawyer but i ask is it different in the federal system or something? Pleaee give me advice on what to do now. We are in need of help getting a lawyer who would be an advocate and work with us , not against us.
Thank you for your time!
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Old 09-19-2019, 02:37 PM
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I am a bit confused - your friend has been sentenced, right? So what do you think the lawyer should be doing for your friend right now?

Once there is a sentence, especially on a plea, the case is over and the involvement of the trial level attorney is finished.
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Old 09-19-2019, 04:04 PM
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To add to what yourself stated....

You say you know you have rights to an attorney, but except extreme circumstances (and this doesn't seem to qualify) that ship has sailed. At this point if he wants to fight anything then it is up to him to do these things either pro se or hire an attorney on his dime. If he has the option to appeal (if he accepted a plea then he may have waived that right) then he can argue ineffective trial counsel and while the chances are slim could try for a new trial. But again if he accepted a plea then the time to fight against his attorney was before the plea was signed and accepted. The court appointed attorney is no longer involved in the case.
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Old 09-20-2019, 01:16 PM
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Quote:
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I am a bit confused - your friend has been sentenced, right? So what do you think the lawyer should be doing for your friend right now?

Once there is a sentence, especially on a plea, the case is over and the involvement of the trial level attorney is finished.
Im sorry to clarify, he filed for an appeal. So yes he was done with sentencing and court but he filing an appeal.
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Old 09-20-2019, 01:30 PM
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My friend accepted the plea under his attorney pushing him into a gun charge that wasn't even found on him. It was found on someone else days prior. Found actually on the person who set him up. So they I'm guessing claimed it was his along with the illegal substances in the car. So the attorney told my friend his points were high that he will be sentenced to life in prison. Unless he takes the gun charge which will lower his points and make his sentence less than life in prison. So he trusting his attorney and not wanting to do life in prison, took the gun charge. Ended up with 30 years. Now he realized he had ineffective council. He hardly ever could get ahold of lawyer and now his lawyer filed the appeal but don't even tell him what grounds the appeal was filed on so that we may do some foot work. Look he isn't trying to get out of his case. He wants to do the time for HIS crime but no one elses. He hasn't gotten any fair trial or a fair sentence.
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Old 09-20-2019, 04:00 PM
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Has he filed a motion with the court that appointed the lawyer asking to replace him because of ineffective assistance? That should be the first step.
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Old 09-20-2019, 07:57 PM
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Okay, still confused.

He took a plea. The plea effectively ruled out all appeals other than habeas. Habeas must be based on new evidence or ineffective assistance of counsel. Habeas is not time limited, so no Notice of Appeal needs to be filed within a particular deadline as with direct appeals.

Most appeals are not handled by the trial attorney. If court appointed, then the court appointed attorney is usually from the State Appellate Defender office. If two or more defendants are filing appeals in the same case, a private attorney may be appointed for one while the Appellate Defender's office will be appointed for the other.

Notice of Habeas needs to be filed and properly served on all parties. Once that happens, the Court Reporter will be ordered to prepare a transcript of relevant proceedings.

Once that happens, time starts running on the preparation of the brief.

There are rarely court dates for habeas until there is a brief submitted from both sides.

You are talking like there have been a ton of appeals court dates that have been missed, where the trial level defender asked to be removed from the case, etc. The trial level attorney should not be involved at this point. Removing that attorney from the trial level for what has already been done is not possible.

Assuming he is able to prevail on an IAC claim, the state will punt everything back to the trial court. At that point, a new trial level attorney will be appointed.

He should know that he does not have a right to counsel on a habeas. This means that he either needs to learn a lot about law and write the brief and get an order for a transcript himself, or he needs to hire an attorney.

The trial level attorney is finished with the case.
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Old 09-20-2019, 08:02 PM
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"If court appointed, then the court appointed attorney is usually from the State Appellate Defender office."

Even though this is a federal case?
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Old 09-21-2019, 07:22 PM
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Quote:
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"If court appointed, then the court appointed attorney is usually from the State Appellate Defender office."

Even though this is a federal case?
Sorry, federal appellate defenders. My bad.
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