Legal Question in Criminal Law in Massachusetts

My minor daughter was in a minor car accident and the judge appointed her a court appointed lawyer.Once we met with the lawyer and told him all the mistakes and who the cop that cited her was he then went on to say""oh thats my good friend, I won't throw him under the bus but I will try to get her off of the citations she was given""that quote didn't sit well for me and I feel like maybe I should hire a private lawyer..Not sure what to do!!! If it was a minor cititaion I wouldn't be so worried about what he said.But the school cop cited her so bad its in crimanal court and this could ruin her life at 16 that was not her fault.


Asked on 9/11/12, 3:02 pm

2 Answers from Attorneys

Christopher B. Coughlin Coughlin Law Group, PC

That's an unfortunate experience. There are a lot of public defenders that pride themselves on the work they do and their unrelenting pursuit of justice for their clients. But once you have your faith shaken, and it's hard for you to trust that your lawyer truly has your best interests at heart, you should probably consider moving on.

Your daughter could try and ask the court to appoint another lawyer, or (as you're considering) you could hire one privately. While judges are usually reluctant to allow someone receiving such a significant financial benefit dictate which lawyer the state helps pay for, your daughter has a constitutional right to the most zealous defense she can get.

If you would like a consultation (whether it's about how to facilitate getting a new court appointed lawyer or potentially hiring one on your own) I would be happy to speak with you. Either way I wish you and your daughter the best. Don't settle for less.

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Answered on 9/11/12, 5:27 pm
Victoria Nadel Victoria L. Nadel, Esq., http://www.vlnesquire.com/

This sounds like a conflict of interest which is prohibited.

You are well within your rights to ask the attorney to consider withdrawing and to request newly assigned counsel due to the conflict. If the attorney refuses to do so, you and/or your daughter should inform the judge of the conflict: her lawyer will not represent her zealously because he is beholden to a friend who is a witness in the Commonwealth's case and request new counsel.

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Answered on 9/13/12, 8:22 am


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