QUESTION

Continuances

Asked on Aug 22nd, 2013 on Criminal Law - Iowa
More details to this question:
I just found out last evening via email that my pre-trial conference is today. If I fire my public defender this morning will my ptc be postponed or granted a continuance until another is appointed? Or if I hire private counsel will they be able to postpone today?
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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The public defender or court appointed attorneys are provided when the Defendant meets the criteria for indigency or extreme hardship.  The Court appoints the attorney and the court "fires" the attorney.  You do not have the right to "fire" the attorney, but you can ask the court to appoint another attorney.  The judge is the person to "hire" and "fire" the attorney.  However, you can always hire an attorney, and that hiring will supercede the court appointed attorney. The judge is also the person to grant a continuance.  If the "firing" creates a delay, the court may not necessarily agree to the continuance depending upon certain factors such as whether the right to a speedy trial has been waived. You should discuss this issue with your attorney prior to taking action that you might regret.
Answered on Aug 23rd, 2013 at 4:07 PM

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