Is your federal attorney’s performance satisfactory? A criminal defendant at a recent federal trial in Chicago was strapped to a wheelchair because he repeatedly interrupted by objecting to nearly everything and at one point tried to walk out of the courtroom. As a result, the judge had the courtroom staff strap him down to a wheelchair to eliminate the threat that he would try to escape. Nearly all of this happened in front of a jury that was going to decide whether to convict him or find him not guilty.
The question becomes, is the way to tell the judge whether your are satisfied with your attorney’s performance? The obvious answer is no and I suspect that this particular case involved many unreported mental health issues. However, everyday all around the country criminal defendants are convicted or plead guilty and sentenced to many, many years in prison while they sit by idly and say nearly nothing to the judge even though they are unhappy with their attorney’s performance. Before a criminal defendant makes an important decision in his or her case, the judge will likely address the defendant directly and ask whether he or she is satisfied with the attorney’s performance.
I have personally witnessed several instances where the body language of a defendant says one thing and his words say another. In other words, it is painfully obvious to everyone present in the courtroom that the defendant is not satisfied with his or her attorney based upon the defendant’s body language or long pauses before answering, but he or she verbally indicates satisfaction with the attorney. I can not emphasize enough to readers how important it is to tell the court that you are not satisfied with your attorney if the court asks you about it before making a decision. The reason it is so important to speak up is because if something bad happens in your case and you do not say anything to the judge at the appropriate time, you will be very hard pressed to win on appeal or later change the outcome. The appellate or reviewing court will only have access to a court reporter transcript and only verbal answers are reflected in transcripts, not body language and long pauses before answering.
Theoretically speaking a relationship between a client and an attorney should never get to the point of this having to happen, but the reality of the criminal law world is that it happens quite often to attorneys who take on too many cases and do not spend sufficient time with a client. Back to the defendant who was strapped to a wheelchair … in-court outbursts and rude interruptions are never the way to address attorney-client relationship problems. If you or a loved one find yourself in this situation, you need to speak to your attorney first and get answers to questions. Second, speak to your attorney again if you are not satisfied with the initial answers given. If problems remain, then politely tell the judge about your issues when asked before making any important decisions in your case. It is your liberty that will be affected, not your attorney’s.
Criminal defense attorney Tim Bower Rodriguez is a former Miami prosecutor, and handles primarily federal criminal defense trials and appeals. Tim Bower Rodriguez, PA invites your criminal law questions by submitting an online inquiry or contacting him at 601 N. Ashley Dr., Suite 310, Tampa, FL 33602 (813-384-7555).