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Of 56 Table of Contents CHECKLISTS ..................................................................................................................................... 3 Attorney Fees & Costs ................................................................................................................ 3 Due Process Services ................................................................................................................. 3 Section I Appointments/Opening a Case .
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Redacted FAQ
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You can have a court-appointed attorney right from the start of your CPS case. However, not everyone can get a court-appointed attorney. First, the court will have to determine whether or not you are financially able to hire an attorney.
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If you have been charged with a crime and want to request court-appointed counsel, contact the indigent defense coordinator, court coordinator or judge in the county where you have been charged. See the applicable indigent defense plan or you can call your court for instructions on local processes.
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The private attorney is going to be able to devote much more time to your case generally than the public defender. The public defender, when they come to court, they may have 20 cases they have to deal with that day whereas the private attorney, you may be the only case.
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You can replace attorneys at any time in a case. If your case is over, you can raise the ineffective assistance issue with the trial judge or in the Michigan Court of Appeals. This usually requires a Ginther hearing where your old attorney testifies about the representation.
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If the accused cannot afford an attorney, then the judge will appoint the Public Defender to assist him or her. In family court cases, the judge will appoint the Public Defender for juvenile delinquents charged with a crime.
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The Court may deny your application for a court appointed attorney if the Court determines that you are not indigent and can hire your own attorney, or if you are charged with an offense that is not likely to result in jail time.
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Based on this information, we will make a determination whether you are eligible for Public Defender representation. If the application is turned down, it is because the case is not a case we can handle or the applicant is not indigent ing to the financial guidelines of the Missouri State Public Defender System.
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If you have been previously arraigned, or have a pending court date and you need an appointed attorney, you will need to come into the Court to complete the Appointed Attorney Request form - MC222 as soon as possible. Your request will be reviewed by the judge assigned to your case for approval or denial.
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