How do I get a private attorney for someone who has already been assigned a public defender?

Question

The public defender wasn't doing anything until we told her that we were getting a private lawyer. She never even went to see him until we told her and that was a month later and was only to see if my cousin wanted to be represented by her with out him knowing we were getting a lawyer.

George Derieg · Answer

Look up a local attorney, explain the situation to him or her and if you like what the attorney is telling you and can afford the price, hire him/her. Once, the attorney is hired, the attorney can either put the case on court calendar to relieve the Public Defender's Office, or at least at the next court date.

Michael J. Breczinski · Answer

You go and hire who you think is good and only if the defendant will accept that attorney.

Larry Dunn · Answer

If you retain a private attorney, the attorney can file a Substitution of   Attorney with the court and obtain all of the evidence (discovery). The  public  attorney is required to provide a copy of your cousin's file to the new  attorney  of record.

Jeffrey Pollock · Answer

You pay a private attorney his/her retainer and he/she then enters  his/her  appearance replacing the P.D.

Maryanne Spryszak-Hanna · Answer

Have the retained attorney send the court appointed counsel a substitution of service, once he/she has been retained.

Jared Winter · Answer

You get a private lawyer by calling them, meeting with them, and then paying them.

Jeff Yeh · Answer

Simply hire a private attorney, who will go to court and "sub in" to the case. Then the Judge will relieve the PD. But make sure the defendant is okay with this, otherwise the Judge won't agree to the substitution.

Thomas Edward Gates · Answer

The individual may discharge his Public Defender and retain another attorney, generally at any time.  A Public Defender is assigned when an individual is unable to pay for one.  If circumstances change this basis, they may no longer qualify.  There may be fees due to the Public Defender.

Francis Cowhig · Answer

All you need to do is hire the private lawyer to represent your cousin. Once the lawyer has been retained, he/she will contact the public defender, go to court and request that he/she be substituted in as your cousin's attorney, and will be your cousin's attorney from that point on.  It is important that you do this as soon as possible so that the new attorney can get into the case as soon as possible.  Depending on the case and the present point of the criminal proceedings, such as a trial date being set and trial coming up shortly, a judge may not allow the substitution of attorneys if he/she feels that it will cause an undue delay in the proceedings.

Terry Nelson · Answer

By hiring one and paying him to take over the case.

Mark R. Thiessen · Answer

You can always hire an attorney and that attorney will know how to substitute council.  You get what you pay for so better hire the best you can afford.

Steven Alpers · Answer

You must go out and hire a private attorney, unless the court says your friend's lawyer was not providing effective assistance. The court would have to hold a Marsden hearing to make that determination. Otherwise you are always free to hire any lawyer.

Brian Wanerman · Answer

Any defendant is free to hire a private attorney to defend him, even if he has been assigned the public defender.  All you need do is shop around for an attorney you are comfortable with and whom you can afford.  Look in the phone book or online, call them up to interview them about their qualifications and fees or set up an initial consultation.  Any criminal defense attorney should give an initial consultation for free.  Since it sounds like you are acting for someone who in in custody.  If that is the case, you will need to reassure any attorney you talk to that you have his permission to act on his behalf.  Lawyers are prohibited from engaging in solicitation (in person communication with a person the lawyer knows needs an attorney's services) unless the prospective client himself initiates the contact.  So, before, talking to any attorneys, make sure the in-custody defendant wants you to do this for him and that he's willing to accept jail visits from attorney's you recommend.  Also, you should be aware that attorneys have a duty of loyalty to their clients, not third-parties who pay their fees.  Since it sounds like you and/or your family will be paying the attorney's fees, you need to bear in mind that paying the bills will not give you any decision-making authority over the case.  Also, the defendant and whomever will be paying will have to sign an agreement.  Lawyers are not allowed to accept third-party payments without an agreement that has been signed by all parties.

Steven Fairlie · Answer

It is no different than getting a private lawyer at the beginning.  Just contact the lawyer you want and go from there.

Scott Hilderman · Answer

You hire him, and then he will have you and the PD sign a document substituting your new lawyer for the PD.

Howard Snader · Answer

You can always retain counsel of your choice.  The issue becomes finding an experienced attorney at a price you can afford.  A privately retained attorney files a substitution of counsel with the court.  At that point, your hired attorney will be the attorney of record, be able to make the court appearances and obtain any discovery in the case.

H. Vititoe · Answer

All you have to do is hire the private attorney; he or she will know what to do from there. Make sure the attorney is a knowledgeable, criminal defense attorney.

Timothy Klisz · Answer

Find a local attorney who you can afford. They will certainly take more of an interest than the public defender.

James Osak · Answer

Simply retain the private attorney. He'll (or she) will file an appearance with the court notifying them of the change.

Barbara A. Fontaine · Answer

This should not be a problem.  If you can pay for a private attorney, get one.

Michael Palumbo · Answer

You always have the right to retain private counsel.

William Spern · Answer

Retain a private attorney. That attorney will substitute for the court-appointed attorney. Good luck.

Dean Valente · Answer

Hire an attorney, appointed counsel will have no choice but to step aside...leave it to the attorneys to handle the details.

Lowell E. Bernstein · Answer

Simply hire a private attorney if your friend agrees.

Jason Savela · Answer

Just hire one. The new attorney will contact the PD to substitute etc. If you cannot hire one, then you need to complain to the court that the PD is not doing his/her job and that you want an ADC attorney. I always suggest that you set a meeting with the PD to discuss prior to doing so. It might be a communication problem or something else.  Getting a new attorney slows down the case and if client is in custody, that may mean longer in jail.

Bernal Ojeda · Answer

You can get a private attorney at any time. The only issue is if it's on the eve of trial. Judges to do not like that.

Kevin O'Grady · Answer

If you have the means, you have the choice of discharging your public defender and hiring a private attorney.  Most private attorneys however, will not speak to you about a case while you are currently represented so you would need to make the choice about discharging your public defender first.

Clayton Lockhart · Answer

You would contact the attorney that you want to represent your cousin and that attorney would then have to file the appropriate motions with the Court and have the judge sign an order releasing the public defender from the case and entering the private attorney as the attorney of record.

Stephen Freeborn · Answer

All you need to do is hire a private attorney, who will submit a substitution of counsel.

Austin Hirschhorn · Answer

When you hire a private lawyer, he or she will contact the public defender and make arrangements to take over the defense of the case.  Whatever caused you to make the decision to hire the lawyer for your cousin is not relevant to the lawyer that you hire.  The lawyer you hire should only be interested in the defense of your cousin.

Gary Russell · Answer

The defendant need only retain his own attorney, who can the substitute in for the public defender.

Nathaniel Shafer · Answer

You're new lawyer can make a motion in court to replace the previous attorney. If you need time to find a private attorney, you can tell the judge at your next scheduled court date. Finding the attorney who is right for you may take some time, but it may be worth the time and effort.

Arthur Aiken · Answer

An accused in SC can hire private counsel even if a public defender has been appointed to his case. You should contact counsel of choice and that attorney can arrange to get the public defender's file and arrange for substitution of counsel.

Kevin Ellmann · Answer

You arrange to hire a private attorney and have the attorney submit a substitution of counsel to the Court.

Gary Moore · Answer

Just hire a private attorney and the attorney will call the public defender and arrange to take over the case.

Andrea Rogers · Answer

The client should tell the public defender he is firing her. The client  and public defender may both be required to go to court personally and  tell the judge that he wants to fire her and hire a private attorney, or  the court may allow the public defender to file a motion to withdraw on  the grounds that the client has requested that she withdraw. The client  can call the court clerk and ask what the procedure is for firing her  public defender, or the client can call the public defender's office and  ask.

Michael Edwards · Answer

You call and get an appointment with a criminal defense attorney, then you hire them, pay their fee and let them proceed with representing your loved one.

Gregory Casale · Answer

You are free to hire a private attorney anytime you want. I am hired often by people who originally had a court appointed lawyer. Just like private attorneys, court appointed lawyers come with all different levels of skill and talent. Some are better than others and there are some fine public counsel lawyers. However, you do not get to choose who you are assigned and sometimes it is just a bad fit.  I realize that it is sometimes uncomfortable for a client to tell the original lawyer that they are hiring someone else. Therefore, when I take a case originally assigned to a court appointed lawyer, I inform both the court and the prior counsel that I now represent the client. That way the client doesn't have to do anything but tell me what happened. Going through a criminal defense is stressful enough without having to deal with explaining to the old lawyer why you feel you need better representation.

Eric Rothstein · Answer

You can hire a private attorney and the attorney will take over the case.

John Brennan · Answer

You hire the defense attorney who substitutes in for the public defender. By the way, the representation is between you cousin and the attorney, he has to approve the representation even if you are, guaranteeing payment.

Russell Pietryga · Answer

All you have to do is hire an attorney.  The private attorney will file a "Substitution of Counsel" with the court, prosecutor and public defender. The public defender will turn over all the discovery to the private attorney and the case will go forward with the private attorney.

Harley Gutin · Answer

You retain counsel. Counsel files a notice of appearance and substitution of counsel.

Robert De Groot · Answer

Hire one that you know you can trust.

Jonathan Dichter · Answer

You can simply hire an attorney who will take the place of the public defender - just let the private attorney do it for you.

Gregory Graf · Answer

Simply hire a private attorney.  The new private attorney will file an entry of appearance and the Public Defender will withdraw.

Jason P. Kutulakis · Answer

Make an appointment and pay the retainer fee.

Stuart Nachbar · Answer

I believe a request for a public defender can be w/drawn.  Contact the criminal court to do so.

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How do I get a private attorney for someone who has already been assigned a public defender?

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