Legal Question in Criminal Law in California

Re: Firing Court appointed Attorney

If you have a PD that you are not happy with then you certainly have the option of hiring a private attorney if you can afford to do so. However, if you are not happy with your PD I don't believe the court will get involved to appoint a different PD. As for private attorneys, since you are paying for the services you should be satisfied with the one you have and, if not, allowed to change your attorney in that regard. However, if you are constantly changing your attorney and the court feels you are doing so as a means to delay the progression of your case then that won't be allowed and it can burden your case.

Re: Firing Court appointed Attorney

You can pretty much fire any attorney any time, as long as you have a new (private) atty who comes into court and tells the judge he is willing to take your case. The only common exception is when you are on the eve of trial, and the judge believes it's just for delay. This usually doesn't happen unless you have already done it a few times.

If you can't pay for a private attorney, you are stuck with the atty the court gives you (P.D. or appointed), unless you can convince the judge the attorney is incompetent. A difference of opinion between you and the atty is not grounds for getting a new appointed atty.

Best of luck!

Re: Firing Court appointed Attorney

If you retained the attorney, you can fire him at any time. If the attorney is appointed by the court, you can ask that he be relieved at what is called a Marsden hearing. You must show that he is acting incompetently for this to work and it rarely does work. Instead of the Marsden approach, you may ask your lawyer to declare a conflict on the ground that his relationship with you has broken down and ask permission to withdraw. This is more likely to work.

Before taking any of these steps though, I would first discuss my concerns with the lawyer at his office rather than try to do this in the courthouse. Remember that the lawyer probably knows more about how to handle your case than you do and he may have very good reasons for suggesting particular courses of action. On the other hand, your lawyer cannot force you to plead guilty. Ultimately, it is your right to have a trial and you can insist on that if you want. If you really are not sure that what your lawyer is telling you is correct, you can get an opinion from another lawyer. This may help to guide you in deciding what you should do.

Re: Firing Court appointed Attorney

To begin, I think you should consider what the appointed attorney is saying. You can always represent yourself, something I do not recommend, or you can ask the court for a Marsden Hearing to appoint another attorney. You can make your plea to the court, but these motions are most often rejected, for you must show the attorney is not competent and that is difficult to do. Just remember, that you have the final say in your case. Put everything on the record in the event you will seek appeal