QUESTION
Is it possible to rehire the same (court appointed) lawyer and pay him myself?
Asked on Jun 19th, 2013 on Criminal Law - New Mexico
More details to this question:
I have been appointed an attorney but now have the money to hire one.
7 ANSWERS
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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If the attorney was a private attorney appointed by the Court, you can approach and ask to hire them. If the person was a county attorney such as a public defender or an alternate public defender, under most circumstances they cannot be privately retained and maintain their employment. However, some counties do allow that.
Answered on Jun 21st, 2013 at 5:52 PM
Michael J. Breczinski
If the lawyer is not on salary to a defender's office then you can probably hire him.
Answered on Jun 19th, 2013 at 7:32 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Yes
Answered on Jun 19th, 2013 at 4:49 PM
Public defenders cannot be hired directly by former clients.
Answered on Jun 19th, 2013 at 4:48 PM
Thomas Edward Gates
Save your money and use the legal representation you qualified for. Public defenders work for an agency representing low income individuals who lack the resources to hire their own attorney. These individual are not permitted to take cases for pay on the side.
Answered on Jun 19th, 2013 at 2:57 PM
4 Awards
If the attorney is willing to continue representation and able to (some defense counsel are working under a public defender contract and subject to caseload restrictions), then you would simply inform the Court you no longer need an attorney paid at the county's cost and reach a fee agreement with the attorney herself or himself.
Answered on Jun 19th, 2013 at 2:56 PM
Children Law Attorney serving Albuquerque, NM
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Law Office of Jay R. Mueller
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That would likely violate your agreement with the public defender department and it could be an issue for your attorney.
Answered on Jun 19th, 2013 at 2:55 PM