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

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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

Answers:

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

Answered 10 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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