QUESTION
How do I dismiss my attorney if I am in jail?
Asked on Dec 02nd, 2011 on Criminal Law - California
More details to this question:
How can I fire my public defender if I am in jail? She is not working to help my case. I wrote a letter to her. What else do I need to do for the courts to give me another lawyer?
24 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Write a letter to the court asking for your current attorney to be dismissed and replaced.
Answered on Dec 12th, 2011 at 9:48 AM
Jacob P. Sartz
First, I'd recommend trying to work out your issues with your current attorney. However, if things deteriorate, then perhaps a substitution is the best route for both sides. Speaking generally, any substitution or withdrawal of council requires a timely filed motion and order from the presiding judge unless the judge will accept a stipulation, or agreement, between the parties. While people have a right to court-appointed council, they do not have a right to the court-appointed council of their choice. In some situations, especially if the matter is close to trial or if the person requesting a new attorney has a history of making those requests, the judge may not grant any substitution. Ultimately, the judge would decide whether a new attorney is needed.
Answered on Dec 09th, 2011 at 4:33 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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File a Marsden motion or make the request to relieve your counsel at the next hearing.
Answered on Dec 06th, 2011 at 10:40 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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File a motion with the criminal court.
Answered on Dec 06th, 2011 at 1:37 AM
You must request a hearing before the court to ask for another attorney. Sometimes the court will just give you a new attorney but sometimes the judge will have you say why you want a new attorney. You do not have the right to choose your attorney if you are indigent, but you do have the right to have your attorney do her work for you.
Answered on Dec 06th, 2011 at 12:14 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Write a letter to your attorney and copy the court that you have discharged your counsel.
Answered on Dec 05th, 2011 at 4:09 PM
Write a letter to the judge and tell him or her that you want to replace your attorney.
Answered on Dec 05th, 2011 at 3:56 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The only way you can replace your lawyer is by hiring someone to substitute in on your case. It is very unlikely that your judge will replace your lawyer on your complaint. Instead, you should continue in your efforts to work with your lawyer without being a pest, if you know what I mean. Provide relevant information, witness names and contact information, etc. When your lawyer does with you, be prepared with your questions and information.
Answered on Dec 05th, 2011 at 2:55 PM
3 Awards
You can just tell the attorney you want a new one and want to fire her. Then the attorney has to go tell the Judge.
Answered on Dec 05th, 2011 at 1:34 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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You can't just fire an appointed public defender. But you can raise you concerns to the judge in what is called a "Marsden hearing." You may either ask the judge yourself by writing a letter or the next time you are in court, or write or tell your attorney you want one; the attorney is required to bring this to the attention of the judge. The hearing is closed, and if the judge finds that the lawyer is not properly representing you a new lawyer will be appointed to represent you.
Answered on Dec 05th, 2011 at 1:11 PM
Write your lawyer again and ask that he or she schedule a hearing for a your motion on the withdrawal of the attorney. If the motion is granted, be prepared to hire an attorney or proceed pro se as most judges will not allow you to fire one public defender and request another.
Answered on Dec 05th, 2011 at 1:08 PM
Michael J. Breczinski
Write a letter to the judge and then the court will ahve a hearing to see if the attorney should be changed.
Answered on Dec 05th, 2011 at 12:41 PM
2 Awards
Either file a Motion in writing or bring it to the Court's attention next time your in court or ask the PD to set a hearing to request a new attorney.
Answered on Dec 05th, 2011 at 12:33 PM
James Lochead
The Court will typically not appoint another lawyer to represent you. If you want a different lawyer, you must hire your own. Courts' position is that you have a right to a.lawyer, but not a right to choose your Public Defender. You fire your lawyer by telling the Judge you no longer want to be represented by this lawyer.
Answered on Dec 05th, 2011 at 12:31 PM
The court will not give you another lawyer. It does not happen like that. You can file a Marsden Hearing. Do not expect it to be granted.
Answered on Dec 05th, 2011 at 12:29 PM
You can't. Your only options are to hire a private attorney or represent yourself. PD's are extremely difficult to fire. You have to do what is called a Marsden Hearing, and 99.9999% Judges will deny the motion. All I can say is, you get what you pay for (or not pay for).
Answered on Dec 05th, 2011 at 12:20 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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After writing to public defender you can file a motion for new counsel with court listing reasons you desire new attorney. You include that you wrote to public defender and whatever response you received.
Answered on Dec 05th, 2011 at 12:20 PM
You may want to address your concerns with the court and ask the court to appoint another attorney. Be aware, the court does not have to honor your request.
Answered on Dec 05th, 2011 at 12:19 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Either you or your family should contact your attorney and state that you want to file a motion to get another attorney. Or you can always write a letter to the judge I suppose as a last resort. Keep in mind that public defenders have very heavy workloads and may not be giving your case the attention you think it deserves, but usually they do the best they can and keep up. I'm not saying that is the case, but it often is. Judges are usually reluctant to replace public defenders as we don't want indigent clients to "lawyer shop" but firing their lawyers at every whim. But you may have legitimate reasons and the judge should hear you out.
Answered on Dec 05th, 2011 at 11:58 AM
4 Awards
You cannot fire or dismiss your court appointed lawyer. You may ask the Judge to replace your court appointed lawyer. You can write the public defender a letter requesting that she ask the judge the next time you are in Court to allow her to withdraw from the case and to appoint a new lawyer. In the alternative you can write out a Motion for the Appointment of New Counsel yourself and present it to the judge the next time you are in court. The Judge will question you on your reasons for wanting a new court appointed lawyer. If the Judge finds that your reasons are frivolous or for the purpose of seeking delay then the Judge will deny your request. On the other hand if your reasons are valid then the Judge will appoint a new lawyer to represent you. You are entitled to effective and zealous legal advocacy. Good Luck.
Answered on Dec 05th, 2011 at 11:37 AM
Criminal Law (Defense) Attorney serving Overland Park, KS
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Gigstad Law Office, LLC
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Next time you are in front of a Judge you need to let them know you are unhappy with your attorney's services, and you also need to notify your attorney that you wish to hire a new attorney or to have a new attorney appointed. Best of luck with your case.
Answered on Dec 05th, 2011 at 11:35 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The judge doesn't have to give you a new lawyer just because you don't like the one you have. You'll have to write the judge with your complaints and keep your fingers crossed.
Answered on Dec 05th, 2011 at 10:45 AM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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You can tell the Judge that you want another attorney.
Answered on Dec 05th, 2011 at 10:35 AM
If you want to discharge your Public Defender and get a new Public Defender that is not possible. The Public Defenders are assigned to each case by their office. If you want to represent yourself you can file a motion with the court. If you want to hire an attorney then do so and he will sub. In and let the Public Defender know.
Answered on Dec 05th, 2011 at 10:20 AM