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State v. Mr. B (DMC No. 11499)

SPECIAL ACTION GRANTED/ DETERMINATION of DEFENDANT’S INDIGENCY REQUIRED APPOINTMENT of FREE ATTORNEY – State v. Mr. B (DMC No. 11499) (Arizona Court of Appeals No.1 CA-SA 13-0179): Mr. B had retained our firm’s services for an Aggravated DUI charge. When it came time to have a Trial, he did not have the funds to proceed with our office to a Jury. In these situations, we normally withdraw as counsel record and have the defendant declared “indigent” in order to secure appointment of the Public Defender’s office. Because we have prepared the case in its entirety, the Public Defender merely needs to go to Trial to complete the case.

We sought to withdraw on Mr. B’s case. The Judge denied the motion and was, in essence, forcing us to do the Jury Trial and forcing Mr. B to pay our Trial fee in order to proceed to Jury. We filed a Special Action to the Court of Appeals, and three Judge panel agreed with us. The case was remanded back to Superior Court with instructions that the Trial Judge was to allow us to withdraw and appoint Mr. B a Public Defender (free of charge) for purposes of his Jury Trial.

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