Legal Question in Criminal Law in California
I want to fire my lawyer, we are at the preliminary hearing, what is the process? What are my options? Money is an issue.
2 Answers from Attorneys
This isn't some other country where you have to say "You're fired" three times. You only have to say it once. He has to give you your file, and now you get to try and find another lawyer, or convince the court to give you the public defender (which is probably what will happen).
If you hired an attorney, you can have another attorney substituted in at any time if the judge allows. Hire another one and have them appear at the next court date in addition to contacting your current attorney to get the file.
If you have the public defender, it's not quite that easy. If you want to hire an attorney, then yes, they can take over. If you want to get a different appointed attorney, then you have to make a Marsden motion. If the judge agrees that your current attorney and you have a conflict, they may appoint another.
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