Can I file a complaint against my court-appointed attorney for pressuring me into a plea and refusing to step down?

Question

I had a court-appointed attorney for my case involving charges of possession, possession with intent to sell, and transportation of a dangerous drug. My attorney pressured me into signing a plea agreement offering two years of supervised probation, despite knowing I lived in Mexico for almost three years before signing. He advised me to run and later told me I couldn't qualify for probation while living outside the U.S. The judge gave me 30 days to secure employment and housing for probation purposes. The probation office warned me that I might be remanded to custody due to eligibility issues. My attorney retired without informing me, and I learned of this six months later. Do I have grounds to file a complaint, and will the court consider these circumstances in my upcoming hearing?

Zachary Divelbiss · Answer

It is very hard to prove that anyone forced you to accept a plea deal. When you accept the plea deal, the judge asks if you are doing it voluntarily and if you answer "yes" then you basically cannot turn around and say someone forced you to do it. The judge also asks if anyone "forced or threatened you into accepting the plea deal". Based on what you explained so far, it does not sound like anyone forced you to sign the plea. The court system is very fast paced here in Arizona. It sounds like you were in "fast track" which means that you only have a couple months or less from the beginning to the end of your case. There is nothing illegal about a lawyer retiring in this situation or informing you about it.

James L. Arrasmith · Answer

I'm really sorry you're going through this—being pushed into a plea that conflicts with your actual living situation is unfair and can feel like a betrayal by someone who was supposed to protect your rights. If your court-appointed attorney advised you to accept probation knowing you lived outside the U.S., and then told you to run, that behavior is deeply troubling and may rise to misconduct. The fact that he retired without notice and left you in a legally vulnerable position only adds to the seriousness. 
 
Yes, you absolutely have grounds to file a complaint against your former attorney. You can report this to the state bar or public defender's office that appointed him, outlining how his actions misled you and potentially harmed your case. The court should also be made aware of these details, especially if the plea deal is now putting you at risk of being remanded into custody because of something he should have foreseen and explained. Bring documentation of your prior residence, his advice, and any communication you have about his retirement or lack of follow-up. 
 
At your upcoming hearing, make sure to explain your circumstances clearly and respectfully. If you’re at risk because of inaccurate advice, the court may take that into consideration—especially if you’ve shown effort to comply. You deserve a chance to be heard and treated fairly, not punished because of someone else’s mistakes. Stay calm and focused—you’re taking the right steps now.

Q: Can I file a complaint against my court-appointed attorney for pressuring me into a plea and refusing to step down?