how to get another lawyer if you have a public defender

You can also hire an attorney and have him substitute in for your public defender. If you want a different public defender the only thing that you can do is contact the head deputy of the court where your case is at. He may but he does not have to assign you a different public defender.

Full Answer

How does a public defender get an attorney?

Apr 03, 2013 · When you have a public defender you have the whole office of the public defender. You can fire your public defender by making a Marsden motion the next time you go to court. You can also hire an attorney and have him substitute in for your public defender. If you want a different public defender the only thing that you can do is contact the head deputy of the court …

Can I fire my public defender without another attorney present?

Sep 25, 2012 · Bottom line: Make sure you speak up about wanting a new public defender. But if can't make it work and can afford it, go seek legal representation elsewhere. Your case depends on it. Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory) Private lawyers in Mo. asked to take defense cases (San Francisco Chronicle)

Can I change my public defender's attorney?

Jun 26, 2021 · Benefits of a Public Defendant. A public defender is assigned to you for free when you are facing a criminal charge. If the state determines that you are unable to hire a private defense lawyer they will assign a public lawyer to your case. When you have legal defense assigned to your case you can avoid the hefty private-sector lawyer fees.

How do I Fire my Public Defender?

Oct 10, 2011 · Tell your public defender you want to fire him or her, and have the court appoint substitute counsel. Usually the court's will allow this on a first or even second request without a problem. Report Abuse Eric R. Chandler Partner at Law Office of Eric R. Chandler, P.C., L.L.O. no peer reviews n/a no client reviews Contact 402-979-9906 website

What is the difference between a private attorney and a public defender?

Differentiating Between Private Attorneys and Public Defenders. A public defender is a governmental employee and are appointed for you when you cannot afford a private lawyer. They are an integral part of the US justice system. The constitution recognizes your civil right to have competent legal representation.

What does a private attorney do?

When you hire a private attorney they work with a team of experts to prove your innocence in a case. They work with private investigators, private laboratories, and as well provide expert witnesses to testify in your case. They have empathy.

What to do when you are accused of a crime?

When you have been accused of a crime you have a lot of decisions to make them. One of them is to decide whether you are going to take a guilty or not guilty plea agreement . The prosecutor will recommend punishments that you have the option of accepting or refusing. The most important decision you are going to have to make is on ...

What is private lawyer?

A private lawyer has the time and the resources to handle your case. When you visit a private lawyer’s office or when you make a call to a criminal law firm you will find lawyers who have different specializations. A team will be available to give full attention to your case.

What happens if you are falsely accused of a crime?

If you have been falsely accused of a crime or you are facing a serious criminal offense the attorney that you have representing your case will determine your fate. You do not want to gamble with your life or freedom. Choose a legal service that gives you a better chance at getting your freedom.

Can I hire a public defender for free?

A public defender is assigned to you for free when you are facing a criminal charge. If the state determines that you are unable to hire a private defense lawyer they will assign a public lawyer to your case. When you have legal defense assigned to your case you can avoid the hefty private-sector lawyer fees.

What to do if your attorney is not doing his job?

If you think your attorney is not doing his job, you can always request the court to appoint you new one. Keep in mind, they are very leery about doing this as they don't want defendants constantly lawyer shopping at the public's expense. As I don't know the specifics of your case and keeping in mind that this is not to say that your feeling are not valid, but your attorney may very well have your interests in mind even though he isn't telling you what you want to hear or what you think he should be doing or saying. If in doubt, you can always ask for a second opinion from another practicing attorney.

What is a Marsden motion?

I came up with this short summary for you by googling "Marsden motion." Good luck! "A Marsden motion gets its name from the case of People v. Marsden (1970) 2 Cal.3d 118. It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel.A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either 1) that appointed counsel is not providing adequate representation, or 2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result.

Can you fire a PD and get someone else?

You can tell the Judge you want to do a "Marsden motion" to fire the PD and get someone else. However, since this kind of motion goes on the attorney's record, Judges almost always deny it. But at least you can try.

Can you choose a court appointed attorney?

When you are using a court appointed attorney, you do not get to choose which court appointed attorney you want. A single attorney was not assigned to your case. In theory the public defenders office was appointed on your case. It is up to the head deputy of that court house to assign the public defender that handles your case. You can try talking with the head deputy about the attorney assigned to your case as see if he will assign someone else. Also sometimes the case comes in and one attorney handles it at arraignment another at pretrial or preliminary hearing and another at trial. If you want to insure that you have the attorney you like for the entire case then you will need to hire private counsel.

Can I get a different public defender?

Rarely can you get a different public defender. He or she would have had to have done something egregious to justify removal from your case. Most people who do not like their public defender choose to hire a private attorney. Good Luck!

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.

The Advantages of a Court-Appointed Lawyer

You should 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, for the following reasons:

Do I Have to Keep My Appointed Lawyer?

If, at any point during your case, you are dissatisfied with your appointed counsel and come up with the funds (perhaps from family or friends) to hire a lawyer of your choosing, you have a right to change lawyers.

Disagreements and Communication with a Public Defender

When the person being defended by a public defender has a disagreement with the lawyer, it is best to communicate this dissatisfaction to the person in question. Conversing with this individual may garner results.

Asking for a New Lawyer and Judge Assistance

When there is a request for a new lawyer that is not a public defender, the courtroom is sealed with only the judge, defendant and the currently appointed lawyer in attendance. The records of this activity are sealed with no accept to the transcript of the meeting available.

Losing Motion to Substitute

If the motion is lost in attempting to replace the court appointed lawyer, it is possible to file a complaint with the state bar. This causes an immediate conflict of interest between the client and his or her lawyer which requires the public defender to request of the court to appoint a replacement.

Paula Colette Coffman

Just because your PD is advising you to accept a plea offer does not mean that she is in cahoots with the State.

Carmen Sarita Bland

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.

Christopher Robert Largey

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...

Elizabeth E. Bourdon

One of my favorite judges likes to say that you are entitled to a Public Defender, but not the Public Defender of your choosing.#N#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...

Ira D Karmelin

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.

Why is it important to have a public defender?

A public defender has experience in the writing, negotiating, and trial work required to put on your case.

What to do if you can't afford a lawyer?

If you’re charged with a crime and cannot afford a lawyer, the court will appoint you a public defender. In some cases, you’ll need to prove your financial situation to the judge. For example, they may ask for a recent paystub, a bank statement, or mortgage paperwork. At your first hearing, the judge will ask you if you would like ...

What happens if you lose a case?

The judge may even require evidence of economic hardship for you or your family. If you lose your case, you will have to pay the public defender’s fees, which will be less than those of a private defense attorney. If you win, you will not owe anything, unless you only qualified for a public defender by lying to the court about your finances.

How to get out of jail on bail?

If you are incarcerated, your attorney will meet with you. If you are out on bail, be sure to return the attorney’s calls and cooperate with his or her requests.

What is the first court appearance?

Your first court appearance is usually your arraignment or your bail hearing. The judge will ask if you are have an attorney and whether you would like a public defender to be appointed for you. Jail officials will take you to the hearing if you are in custody.

How to get a substitution of attorney?

TO get a substitution of attorney, you will need to establish that there has been a breakdown in communication between you and the public defender. If your public defender will voluntarily withdraw, the judge will be more likely to grant the attorney ’s request for a substitution .

Can you be a public defender if you are convicted?

You are typically only entitled to a public defender if you are being charged with a crime for which you could be sentenced to jail time if convicted. For some minor infractions like traffic tickets, the law does not guarantee you the right to be represented by counsel.

What happens if a court grants a Marsden motion?

If the Court grants your Marsden motion, you will be appointed a new court appointed attorney.

Can a judge appoint a lawyer in Harris County?

At least in Harris County, Texas, unless the lawyer asks to be let off of a case (and not even always then), the judge will not appoint a different lawyer to represent you . Because you are indigent, you are entitled to a qualified court appointed lawyer - but not the lawyer of your choosing. If you want a different lawyer, then you will have to hire a lawyer to replace your appointed lawyer.

Can you make a motion in California?

Generally no. In California, you do have a right to make a motion if there is an extreme conflict with the attorney , but otherwise, the Public Defender's office can assign anyone they choose to your case. Just because you have the right make the motion to the court does not mean that the court will agree with you. In California it is called a Marsden motion.

Can you request a new council?

Yes, you do have a right to request new council. Ultimately, your judge may or may not grant your request; however, you do have a right to at least request a substitution of council. Further, you also have a right to retain the council of your choice. Ultimately, though, the presiding judge has authority to determine whether a substitution of council will be allowed.

Can you pick your public defender?

You can make the request, but you don't have the right to pick your public defender. However, if you talk to your PD and request a change they might be willing to do so.