If I lose my case because of poor legal counsel from my public defender, would it be possible to get a mistrial?

UPDATED: Jun 9, 2011

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If I lose my case because of poor legal counsel from my public defender, would it be possible to get a mistrial?

I don’t have money for an attorney so I have no choices but to go with a public defender. I was arrested 9 months ago and appointed one that did very little to help me. Then 6 months ago my case was turned over to someone else. Since the change I have not been able to get a hold of my new lawyer. It took a call to the Chief Public Defender to finally get a call back. When we finally talked I found that he had not, and as far as I know, looked at my case at all. I go to trial next month for some very serious charges and it seems like I’m being thrown to the wolves.

Asked on June 9, 2011 under Criminal Law, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Technically speaking, a mis trial would happen during the trial not after you lost your case.  If you lost the case then you would try and find an attorney to make a motion to set aside the verdict for ineffectual counsel.  May I make a suggestion? If a call to the Chief Public Defender worked the first time t move this guy I might write a letter and call again airing your fears and complaints about the handling of your case. Although you have had 2 attorneys on the matter it has not been at your request but rather it appears some internal assigning reason.  You can indeed ask for a new attorney and give your reasons but you need to do so quickly.  Good luck to you.

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