QUESTION

How do I get another public representative?

Asked on Jun 14th, 2013 on Criminal Law - Texas
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6 ANSWERS

Michael J. Breczinski
Ask the court to replace the one that you have.
Answered on Jun 20th, 2013 at 10:24 AM

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If you mean another or different assigned lawyer, just ask the judge when you appear in court. Make sure you have a good reason.
Answered on Jun 17th, 2013 at 9:38 AM

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Jacob P. Sartz
If you need a new attorney, it's up the court. The court would need to agree to replace your current attorney. They won't always do it. I'd recommend trying to work out whatever issues you have first. The motion is a motion for substitution of counsel. You always have the right to retain the counsel of your choice. However, your right to court-appointed counsel a little more limited. Further, the court must approve any substitution of counsel,retained or court-appointed. Courts are wary of individuals attempting to manipulate the process by constantly attempting to fire their attorneys. The presiding judge is not obligated to agree to a substitution, even if you retain a lawyer, and they often won't agree if the matter is close to a trial date or if there are other extenuating circumstances. You do not have a right to the court-appointed counsel of your choice; just a right to court-appointed counsel for certain types of charges.
Answered on Jun 17th, 2013 at 9:37 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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I am assuming that you mean a new public defender. Unlike firing a paid attorney, you need a reason to fire your public defender. The fact that you don't like him/her or do not feel (s)he is doing a good job for you may not be enough. A judge is more likely to permit you to change public defenders if your current lawyer is somehow violating your right to adequate representation. Some evidence of that could be: 1. Missing appointments or filing deadlines, 2. Not informing you about your case status or hearing dates, 3. Forcing you to enter a plea, or 4. Ignoring important evidence. To change your public defender, you generally need to write a letter to the judge in your case or contact the public defender's office, depending on the rules in your state. Make sure you keep good notes of what you believe to be the biggest problems with your attorney. There's a chance a judge will grant your request if you have good reason to change public defenders. But they're unlikely to grant a second request, so make sure you really do need a new lawyer. Before you file any paperwork, make sure that you talk to your current public defender. Sometimes the issue isn't that your attorney isn't doing the work, it's a communication problem. Tell your attorney about what is making you unhappy, and see if something can be done to change it.
Answered on Jun 15th, 2013 at 4:35 AM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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You cannot. You can hire a lawyer to substitute in place of your appointed counsel or you work with your appointed counsel. You have no right to choice of appointed counsel.
Answered on Jun 15th, 2013 at 4:34 AM

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Geoffrey MacLaren Yaryan
I assume you mean public defender. You request that the court appoint a different attorney, and a closed hearing will be held where you can tell the court why your present attorney needs to be replace.
Answered on Jun 15th, 2013 at 4:34 AM

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