QUESTION
What can I do to get another criminal defense attorney?
Asked on Oct 03rd, 2011 on Criminal Law - Georgia
More details to this question:
I have a lawyer I thought I could pay out but said no. What do I do now? They said the court won't give me another. I'm on disability. Is this true?
17 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If the court assigns you a lawyer then it does not have to assign a new one just because you're not happy with the one you have. It takes more than that.
Answered on Oct 28th, 2011 at 1:21 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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If your lawyer is incompetent or your can't work together, you can get a new lawyer. Otherwise, not unless you pay for him yourself.
Answered on Oct 28th, 2011 at 1:21 PM
It depends upon whether the attorney is court appointed or not.
Answered on Oct 28th, 2011 at 1:21 PM
Jacob P. Sartz
Most attorneys provide free initial consultations. If you make enough calls, you may be able to find someone who will work with you regarding payments. If you find another attorney and if the court permits a substitution of council, it shouldn't be a big issue. It may delay your case while the new attorney is brought up to speed. However, these types of issues are relatively common.
Answered on Oct 06th, 2011 at 1:54 PM
Generally, you don't get to pick a court appointed attorney. If there is a real problem with the attorney, that problem should be brought to the attention of the Court. Not liking the attorney will not be sufficient. You could always hire your own attorney.
Answered on Oct 06th, 2011 at 1:42 PM
I do not understand your question. However that being said if you hired a private attorney - yes you can always hire another one. If you were assigned a public defender - no you cannot get another one - you are getting a free attorney and beggars cannot be choosers. You can file a motion if you feel the attorney is not doing a proper job but these are rarely granted.
Answered on Oct 06th, 2011 at 10:06 AM
3 Awards
Wait until your lawyer withdraws and then hire an attorney you can afford or ask for a court appointed attorney.
Answered on Oct 06th, 2011 at 1:20 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If you are on disability, there is a great chance that you qualify for a court appointed lawyer. Your lawyer must file a motion to withdraw as counsel. When that happens, the judge will inquire as to your intentions with regard to counsel. Bring proof of your disability and your limited income and request a court appointed lawyer. If you own property, you may not qualify. If you do not qualify, you will have to find a lawyer you can afford.
Answered on Oct 06th, 2011 at 1:19 AM
Michael J. Breczinski
Ask the court if you are eligible for a court appointed attorney. If you are on the edge they may have a protective order where they appoint an attorney but you pay something to the court.
Answered on Oct 06th, 2011 at 1:16 AM
By your constitutional rights if found indigent by a judge you qualify for an appointed attorney or an attorney that serves as a public defender. I would go before the judge and ask if you could fill out paperwork to be adjudicated indigent.
Answered on Oct 06th, 2011 at 1:13 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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You can always hire your own attorney. If you have the funds, you simply hire them and have them substitute in for your current attorney.
Answered on Oct 06th, 2011 at 12:06 AM
You are entitled to an attorney and if you cannot afford one, the state will appoint one to represent you. That is quite a statement. There are cases and cases that try to explain what that means. In California it means that if you cannot afford an attorney the judge will appoint the public defender to represent you in court. It does not mean that you get to choose your attorney from all the private attorneys in your area. It does not even mean that you get to choose your attorney from the public defenders in your court house. If you are not paying for the attorney you have to take who they assign you. You may make a motion to remove your attorney because he is not working with you or for you; however, this is done when you want to represent yourself and is almost never granted.
Answered on Oct 05th, 2011 at 5:59 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I'm not sure what is going on here. Do you have a court-appointed attorney or a retained one? If the lawyer is retained, you can always replace him with another retained lawyer. If the lawyer is court-appointed, the courts are reluctant to issue a new court-appointed attorney unless absolutely necessary because we don't want indigent defendants lawyer shopping on the taxpayer's dime.
Answered on Oct 05th, 2011 at 5:59 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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I'm unclear as to what you're asking or what you mean by "pay out." You can fire and hire different attorneys as many times as you want. If your attorney has been appointed by the Court, though, it's unlikely that the Court will keep appointing different attorneys until you find one you like.
Answered on Oct 05th, 2011 at 5:59 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you are indigent (as determined by the court) then a defense attorney will be appointed to you at no expense to you. If you are not considered indigent then you have to pay for your own attorney.
Answered on Oct 05th, 2011 at 5:59 PM
Daniel Kieth Martin
In California most courts will appoint a public defender for you, sometimes the court will order you to pay for the public defender however it is usually a pretty low fee. In Fresno it is never more than $500.
Answered on Oct 05th, 2011 at 5:58 PM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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It's a battle once you have a privae attorney to get public defender or another attorney, again without $$$. Your attorney has to ask to be relieved, then, If court thinks you "qualify", they may appoint the public defender. Money talks in this system, and lawyers are costly!
Answered on Oct 05th, 2011 at 5:58 PM