QUESTION
Can I hire a private attorney after first choosing a public defender?
Asked on Mar 29th, 2011 on Criminal Law - Connecticut
More details to this question:
After arraignment, if I chose to have a public defender, can I hire an attorney if the public defender is insufficient?
35 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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The Law Offices of Lawrence Wolf
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Yes.
Answered on Jun 11th, 2013 at 12:37 AM
2 Awards
Yes.
Answered on Jun 11th, 2013 at 12:37 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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Yes.
Answered on Jun 11th, 2013 at 12:29 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Yes, you can always retain your own private attorney to replace your public defender at any time.
Answered on Aug 31st, 2011 at 10:20 AM
Yes, but your private attorney is going to need ample time to prepare, so don't wait until the last minute to hire him.
Answered on Jun 14th, 2011 at 8:57 AM
Yes, you can always change from having a court-appointed attorney to a private attorney. If you want to hire an attorney you will just need to notify your court-appointed attorney and then the attorney you hire with file a document with the court that your attorney has changed.
Answered on Apr 07th, 2011 at 8:42 AM
Samuel H. Harrison
Yes, you can change your mind and hire private counsel.
Answered on Mar 30th, 2011 at 10:29 PM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
Yes, you can hire your own attorney at any time during the criminal litigation process.
Answered on Mar 30th, 2011 at 10:26 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Absolutely. It happens all the time. Often, the public defender gets appointed to defendants that are in custody at the time of arraignment or who haven't otherwise made arrangements for a lawyer. You can have your privately retained attorney substitute in at any point.
Answered on Mar 30th, 2011 at 10:25 PM
Appeals/Post-Conviction Attorney serving Boston, MA
Partner at
Tumposky & Associates, P.C.
You can always hire an attorney as long as it is not seen as a delay tactic.
Answered on Mar 30th, 2011 at 10:18 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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It is possible to fire your public defender and opt for a private attorney. In order to do so will you will need to inform both your public defender and the court in writing of your intention to seek new counsel. It is important to include specific reasons for seeking new counsel but also making sure not to give away any specific details or incriminating information to the court. Under most circumstances, if your request is reasonable, the public defender should work with you to properly file the necessary items which will allow you to enroll a new attorney in your case. If you are seeking private legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation to determine how we might be able to assist you.
Answered on Mar 30th, 2011 at 10:16 PM
Criminal Defense Attorney serving Charlotte, NC
Partner at
Olsinski Injury, Family and Criminal Lawyers
2 Awards
Yes, just find the attorney you want to hire and let them know. Then let your PD know and they will withdraw from your case. Usually this is allowed but if it is late in the case then it may be denied. If you have any questions or need an attorney in the Mecklenburg/Gaston County area please feel free to give me a call.
Answered on Mar 30th, 2011 at 10:07 PM
Yes, you are entitled to choose your own counsel at any point in the case. Occasionally, a judge may put up a fight if he has good cause but that's extremely rare.
Answered on Mar 30th, 2011 at 9:51 PM
Yes, you can change attorneys at any time.
Answered on Mar 30th, 2011 at 9:49 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Sure. You can always hire private counsel at any point, as long as the court doesnt think youre doing it to delay the proceedings. You still [always] face the courts analysis of what to charge you for the PD, either way. You had to qualify for appointment of the PD, based upon your income and lack of ability to pay. If you now have found a way to pay for private counsel, so be it. If serious about hiring counsel, feel free to contact me.
Answered on Mar 30th, 2011 at 9:47 PM
Yes, once you hire a private attorney the public defender will withdraw from your case.
Answered on Mar 30th, 2011 at 9:41 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
Yes. If you are thinking about hiring a private attorney, it would be worth getting a consultation about your case before the arraignment date. A lot of attorneys offer free initial consultations. If your case is in southern california, feel free to contact me through my website to discuss your case in further detail. If you decide not to hire a private attorney before the arraignment, you can later hire a private attorney and have that attorney "sub-in" as attorney of record.
Answered on Mar 30th, 2011 at 9:32 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Yes. You may retain counsel at any stage of the proceedings. Should your case be in the Detroit Metro Area, you may contact my office to review your case and discuss attorney fees.
Answered on Mar 30th, 2011 at 9:05 PM
Absolutely! You still have to pay a public defender, but not as much as a retained attorney would charge. If you use the public defender's services, you will still be charged for them. At the time you hire an attorney, he/she will file a substitution of attorney form and other than paying the public defender for any work done on your behalf, your obligation to him/her is over.
Answered on Mar 29th, 2011 at 11:46 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Yes. I am a former federal and State prosecutor and now handle criminal defense. Feel free to check out my web site and contact me if you wish to retain counsel.
Answered on Mar 29th, 2011 at 11:33 PM
Trusts and Estates Attorney serving Layton, UT
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Canyons Law Group, LLC
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The short answer is yes. The slightly longer answer is that you are generally entitled to choose your own attorney, if you are hiring the attorney yourself. If you are accepting the services of a court-appointed attorney, you get whoever you get. Often, the public defender will be a highly qualified attorney who has made a deliberate choice to work as a public defender. But if you are not satisfied with the services of your attorney, and you have the money to do so, you are free to hire anyone you like. (Having said that, I will add that if you do have the money to hire an attorney, you should do that rather than create additional work for an already overloaded public defender system. There are people who truly cannot afford to hire an attorney who really need the help of a public defender.) One of the few times a judge may not allow you to switch attorneys is if your case has reached a critical stage (such as the day before trial). So if you have concerns with the attorney who is representing you, you should address those concerns immediately.
Answered on Mar 29th, 2011 at 11:02 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes. You must notify the court of your election however.
Answered on Mar 29th, 2011 at 10:36 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes. The court still may require some payment to the public defender, but you are always free to hire your own counsel.
Answered on Mar 29th, 2011 at 10:33 PM
Yes you can! Do not wait too long as to delay case from moving forward. But, you are always allowed to hire a private attorney.
Answered on Mar 29th, 2011 at 10:30 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Choosing the right attorney is very important. Especially regarding criminal defense cases. Often, the public defender does not provide as much personal care as a private attorney may. Allow me to answer any additional questions you may have on this matter at my phone number below. I have over 30 years of experience in this area of the law and would be happy to speak with you.
Answered on Mar 29th, 2011 at 10:24 PM
Theodore W. Robinson
Yes, of course, you can always hire your own attorney. However, if you already have some reservations about a Public Defender, it would be better to hire a private attorney up front so that things get taken care of correctly right from the start. That's not to say that a PD won't do things correctly, but they usually have a large case load and if you want personalized service (for which you will pay) then its better to have private counsel. Of course, the entire discussion carries with it the presumption that you have the funds with which to pay a private attorney and if you do, then why are you even contemplating a PD? Don't forget if you lie about the amount of money you actually have in order to be given a PD, that could lead to further charges if the authorities catch on later. Good luck.
Answered on Mar 29th, 2011 at 10:22 PM
Yes. This happens all of the time.
Answered on Mar 29th, 2011 at 10:19 PM
Criminal Law Attorney serving Chicago, IL
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Law Offices of Steven R. Decker
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Yes, however the court may prevent the substitution if on the eve of trial or if done for the purpose of intentional delay but in most cases the substitution would be allowed.
Answered on Mar 29th, 2011 at 10:17 PM
Of course you can. Retain the private attorney, who then subs into the case, and the court relieves the PD.
Answered on Mar 29th, 2011 at 10:14 PM
Yes you can retain a private attorney at any time.
Answered on Mar 29th, 2011 at 10:12 PM
Absolutely. You can hire a private attorney whenever you wish. You should be aware though, that the longer you wait to hire a lawyer or switch lawyers, the more difficult it will be for that new attorney to get up to speed.
Answered on Mar 29th, 2011 at 10:11 PM
Yes you may chose to hire a private attorney after the court has appointed a public defender to you. You are entitled to the lawyer of your choosing. This is a common situation and you should feel comfortable having the lawyer you want to represent you. Good Luck.
Answered on Mar 29th, 2011 at 10:08 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Absolutely. There is no limitation or restriction to hiring a new lawyer to represent you.
Answered on Mar 29th, 2011 at 10:05 PM
Probate Attorney serving East Hartford, CT
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Leone, Throwe, Teller & Nagle
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Yes, you can always hire a private attorney. However, if you do not do it early in the process, a judge may not give the new attorney extra time to prepare the case or get ready for trial. Also, if the prosecutor has already made a plea offer through the public defender, they may be locked into a position. So, the best advice is to hire your private attorney as soon as possible. Also, please note that all public defenders are licensed attorneys and many are of very high experience and ability.
Answered on Mar 29th, 2011 at 10:03 PM
You can always hire a private attorney even though you initially start with a public defender. However, you should hire a private attorney as quickly as possible because a public defender can do or not do things that cannot be corrected later when you hire a private attorney. If you want the best representation, you should seriously consider hiring a private attorney quickly.
Answered on Mar 29th, 2011 at 10:03 PM