QUESTION

If I feel a public defender is not doing his job, can I get a new one assigned?

Asked on Apr 15th, 2013 on Criminal Law - Ohio
More details to this question:
N/A
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4 ANSWERS

Public Defenders are assigned the cases by the Public Defender's office. You can ask the office to assign you a different Public Defender. However, the Public Defender's office does not have to comply with that request. If you want to choose your attorney, you will have to hire a private attorney.
Answered on Apr 18th, 2013 at 8:26 PM

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Michael J. Breczinski
You can ask the judge for a new attorney. It is up to the judge.
Answered on Apr 17th, 2013 at 7:42 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Unlike firing a paid attorney, you need a reason to fire your public defender. The fact that you don't like him or do not feel 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 Apr 17th, 2013 at 1:09 AM

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You can always ask for a new one.
Answered on Apr 17th, 2013 at 12:54 AM

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