Legal Question in Criminal Law in Ohio

Third Party Release

My boyfriend has been arrested and is awaiting trial in Ohio. We are from Arizona. We would like see if he can get a third party release to his step father who is a high ranking police officer in Arizona. In addition at his next court date he is firing his lawyer. Can the lawyer getting ready to get fired file for the release or does the new lawyer have to? When the court hears his motion to terminate the attorney will the new one be appointed and allowed to speak on the same day? Then can the new lawyer ask for third party release? Since we are from out of town the step father will be present at this court appearance & I am trying to get this done while he is there. Does he have to be present in order for the release to happen? The lawyer who is being fired will not answer any of our calls to go over these questions. Is that something we can use in court as our lawyer refuses to contact us even before we chose to file a motion to have him terminated.

Asked on 2/24/08, 1:01 pm

2 Answers from Attorneys

Joseph Jacobs The Jacobs Legal Group

Re: Third Party Release

Everything can happen in one day if you have already hired your own lawyer to be there at this next court date....If he cannot afford a lawyer and is asking for another court appointed lawyer, it probably wont work. Your father being there is all you really need to make that request, regardless of the lawyer situation. You will have to convince the Judge with a plan of securing his return. The seriousness the charge will determine your success of getting him out. Feel free to call me directly to help you through this... i dont know where you're at but even if i'm not close to the court, i can help finding an attorney who is. 216.952.1990

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Answered on 2/25/08, 12:03 am

Richard Cline Office of the Ohio Public Defender

Re: Third Party Release

I am sorry to hear that you have experienced such a problem getting the attorney to respond to you. Based on your question, it sounds like counsel was appointed. If so, you must understand that it is not automatic that the Court will grant your boyfriend's request to "fire" his court-appointed attorney and get a new court-appointed attorney. The failure to respond is a factor that most judges would consider, but your boyfriend does not have an automatic right to a new, court-appointed, attorney.

Because the step-father lives in Arizona there will be issues that the Judge will want to resolve before he allows your boyfriend to leave the State of Ohio. Those issues include whether the family has the funds to pay for your boyfriend to travel back and forth from Arizona for court hearings and to assist with his defense. Also, if you boyfriend skips out, will the State of Ohio have to go to the trouble of extraditing him. I would not automatically assume that the Ohio Court will approve this placement.

Your question mentions nothing about the underlying charge. Perhaps your boyfriend should consider using the funds he would otherwise spend on travel to try to hire an attorney who will be responsive to his questions and who will look out for his best interests in Court.

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Answered on 2/24/08, 2:21 pm

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