How to Request a Retrial Due to the Public Defender
Blaming a public defender's mistakes is a common way to request a retrial after a conviction. It can be a tough sell, especially if the arguments made in this case were not presented before the first trial. But if this is the course chosen, motions requesting a retrial must be submitted before the scheduled sentencing date. Request for retrial is very similar to the appeals process, which happens after sentencing.
Other People Are Reading
Instructions
-
Convincing the court
-
1
Request a meeting with a private attorney. It could be one funded by a legal aid society or a court-funded appointed attorney that is not directly appointed by the public defender's office. The public defender's office would not be in a position to assign another attorney to your case when the strategy for appeal is to attack the public defender's office.
-
2
Document your reasons. According to the Avvo website, legitimate arguments include the public defender did not make an effort to suppress evidence, like statements make by the defendant after the arrest; the public defender did not review whether Miranda rights were read to the defendant after the arrest; or the public defender made a procedural error, such as not filing motions in time that could have aided in the defense, or missing the fact that the defendant was not indicted within a legally required period of time after their arrest.
-
-
3
FIle the motion requesting retrial with the court clerk's office in a timely manner. Sentencings are typically several weeks after a trial of guilty plea, but court dockets can fill up quickly. Matters are often rescheduled or adjourned, so you and your attorney should have adequate time to refine a case before appearing before the judge once the request is submitted.
-
1
Tips & Warnings
An attorney may advise you to wait for the appeals process after sentencing so you have more time to plan a clear strategy for challenging the conviction.
