Legal Question in Criminal Law in Oklahoma

Prisoner Rights Being Violated

If an Oklahoma court say they assign a lawyer due to indigent but the lawyer never sees the prisoner nor contacts them, isn't this a violation of prisoner rights? The prisoner keeps having court hearings but no lawyer ever sees him. The courts had him sign his children away, no lawyer for him on one hearing. Prisoner tried to appeal but no one would contact him. Is there somewhere help can be attained in the state of Oklahoma to help this prisoner. He has been incarcerated four months.


Asked on 6/14/07, 10:29 pm

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Prisoner Rights Being Violated

If the prisoner and the offense are in OK, you need an OK lawyer. If he cannot hire an attorney, one should be appointed, and you should contact the court in OK. I suspect a lawyer has been appointed. The Public Defenders do not spend any time with defendants until right before a hearing.

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Answered on 6/15/07, 12:11 pm
Philip Rosmarin Rosmarin Law Firm

Re: Prisoner Rights Being Violated

Contact the court clerk and/or the public defender in the county in which he was arraigned (where his first court hearing was). Ask for the name and phone number of the lawyer assigned, then call that person.

Even a public defender needs to maintain contact with her or his client, particularly when the client is in jail. A defendant should never appear at a court hearing without a lawyer. Ask why, if true, this is happening; hold the lawyer's feet to the fire and don't let go till they're blistered.

Good luck.

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Answered on 6/15/07, 2:38 pm


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