Is it to late to request a public defender after the defendant has been sentenced?

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Is it to late to request a public defender after the defendant has been sentenced?

My brother was sentenced and we feel he was not properly represented, His attorney only met with him 1 time during the whole process which lasted 4 months. We would like to try and get a public defender to represent him and appeal his sentence due to being misrepresented. Is this possible and how do we request the public defender after the fact?

Asked on April 26, 2011 under Criminal Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

By whom was your brother represented initially? If it was a private criminal defense attorney the family should first consider filing a complaint against this lawyer with the state bar in Ohio. Secondly, it may not be too late but don't wait days or weeks because there are time limits for your brother to have a public defender appeal his case. Talk to the public defender's office but explain that public defender's are quite busy as well and usually have larger caseloads than private criminal defense attorneys. Consider contacting the state bar in Ohio and seeing if there are criminal defense attorney groups or bar associations in your city and county and check the disciplinary record and length of time in practice for the attorneys you choose.


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