To change your public defender, you generally need to write a letter to the judge in your case or contact the public defender's office, depending on the rules in your state. Make sure you keep good notes of what you believe to be the biggest problems with your attorney.
Full Answer
If the court appoints the public defender’s office, that office will assign one of its attorneys to the case. Usually, the state runs and funds public defender offices throughout the state.
A judge is more likely to permit you to change public defenders if your current lawyer is somehow violating your right to adequate representation. Some evidence of that could be: Ignoring important evidence.
It’s a mistake to automatically suspect your public defender as someone not fully on your side. Public defenders are normally passionate about the cause of criminal justice and would never betray their ethical obligations to clients. Do follow your lawyer’s lead.
The defendant may have been under the impression that he or she was hiring a partner in the firm only to see the case delegated to a new attorney. While there may be many reasons why the criminal defendant is unhappy with representation, the defendant usually does not have to show good cause for why he or she is switching attorneys.
Just because your PD is advising you to accept a plea offer does not mean that she is in cahoots with the State.
I agree with the answers provided and will add: when you articulate your readings for the judge, remember that the attorney has the opportunity to respond AND the prosecutor is listening to what you say AND the court reporter is typing what you say.
Usually, you will not get another lawyer because you are unhappy with the attorney you got. If, at a Nelson Hearing, you can articulate with specificity the things that your attorney didn't do to successfully defend you in your case, the judge may appoint conflict counsel to you...
One of my favorite judges likes to say that you are entitled to a Public Defender, but not the Public Defender of your choosing. In addition to a Nelson Hearing as suggested by Mr. Karmelin, you can try contacting the PD's office and speaking to your attorney's supervisor...
If you believe the public defender's office is not providing you with effective assistance of counsel, you need to request a Nelson hearing. At the hearing, you will need to be very specific with the judge, stating what the public defender is not doing but should be doing or doing but shouldn't be doing. You cannot simply gripe.
When a defendant disagrees with their public attorney, communicating the problem with their representative is critically important. Talking with them first may bring the desired resolution to the issue. If communication breaks down, make sure you have taken notes of any problems you are having, along with any other evidence that will support your request. Some common reasons for demanding to switch an attorney could include:
One can file a complaint with the state bar if a judge doesn’t grant the motion to replace a court-appointed lawyer. This escalation may cause some of the following consequences in the courtroom:
Can I Switch from a Public Defender to Private Representation? An individual is permitted to obtain a public defender or private attorney when accused of committing a crime. The Sixth Amendment of the United States Constitution guarantees this right, but there are several steps involved to pursue the action.
Reasons to Switch Defense Lawyers. A criminal defendant may become dissatisfied with a lawyer for a variety of reasons. For example, the lawyer may not be giving the defendant enough personal attention. The defendant may believe that the lawyer is not familiar with his or her case. He or she may feel that the lawyer is unnecessarily drawing out ...
Disadvantages to Switching Attorneys. While the client is free to switch attorneys, there can be significant consequences to taking this course of action. For example, the criminal defendant will still be required to compensate the original attorney, as well as the new attorney. The defendant will have to pay the former attorney the portion ...
For example, if a lawyer requested a continuance, this may have been done because the lawyer had a scheduling conflict or because he or she wanted more time to contact a potential witness that would help the case.
Generally speaking, a defendant who has been appointed a public defender or who hired a private attorney can fire the original attorney and hire a new private attorney when he or she wants to do so. Usually, the defendant does not need court approval in order to take this action. However, there may be consequences to taking this action.
The defendant will have to pay the former attorney the portion of the fee that the lawyer had earned. If a new attorney is hired, he or she may need to request a continuance in order to have more time to prepare for the case. If the defendant is in jail, this will further the amount of time that he or she remains in jail.
For example, a junior associate may have cases supervised by a regular associate. An associate may have cases supervised by an attorney. The client can ask the supervising attorney what can be done to rectify the problem. In some situations, the case may be moved from one attorney in the firm to another attorney.
In some situations, the judge presiding over the case may not permit the defendant from hiring a new attorney. For example, the client may wish to hire a new attorney right before a trial, but this tactic may work against the prosecutor, who may only be able to have certain witnesses testify on a particular schedule.
If the court appoints the public defender’s office, that office will assign one of its attorneys to the case. If the court appointed a private attorney from its panel, it may assign a lawyer from a list of attorneys on duty that day for court appointments.
How a Lawyer Gets Appointed. When defendants are arrested, they must be brought before a judge within a specified period of time. This appearance is known as an arraignment or initial appearance. At that time, a judge will ask defendants if they can afford an attorney.
Appointed lawyers come from either a public defender’s office or from a panel of local private attorneys approved by the court. Do not assume that an appointed lawyer will be less capable than a private attorney you pay. Appointed counsel may perform as well as, or even better than, a private attorney.
Public defenders and appointed private attorneys know the local judges and prosecutors. They have likely appeared before your judge and negotiated with your prosecutor on many prior occasions. This experience gives them insight that translates into good advice and proven strategies.
You do not have to be unemployed to get a free lawyer. The courts usually look at your overall financial situation. Defendants do not get to choose their appointed counsel. The court will appoint the local public defender’s office or a local private attorney from an approved panel.
However, to no fault of their own, their biggest downfall is their caseload. It is not uncommon for a public defender to see 25-50 cases per day.
More resources, usually means better outcomes. Empathetic - a private attorney will take the time to understand your side and navigate a plan accordingly. Network - a private attorney works in all different courtrooms in different cities and counties. They will have access to unique resources that can be an asset to you.
Best Service - a private attorney is only as great as their last client. Unlike a public defender, if they are not providing positive outcomes for their clients, they may not retain another client. Possibilities - a private attorney can provide expert witnesses, private laboratories and private investigators allowing for stronger defenses.
Hoffman, a Colorado trial judge, concluded that defendants who went with a public defender, were not only more likely to go to jail but are also more likely to serve a longer sentence. Defendants that hired a private attorney received on average a three year shorter sentence.
Here's the problem with your request. No attorney can say whether or not they can do "better" than another attorney. What you pay for when you hire a private attorney, like myself, is time and experience. For example - your public defender might be carrying a caseload with hundreds of clients - whereas I might only have 20 or so open right now.
I would agree with the first response. You should contact the private attorney who are considering hiring. Then, you should discuss your case with that private attorney. You should be able to get a good read on the situation and determine whether you want to hire the private attorney. Juan Garcia Jr. Attorney at Law
You can make an appointment with an attorney that you are thinking about retaining and discuss your case with him or her. If you have requested and received copies of police reports you certainly can share those with the attorney you are considering retaining.