Legal Question in Criminal Law in California

My husband is the defendant in a criminal case in Ca. How do we fire his attorney and ask the court for a public defender? We have assetts, but limited monthly income, will this affect our request?

Thanks, Gloria


Asked on 1/16/10, 7:59 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You can't fire your husband's attorney. Only he can do that. And yes, if he asks for a public defender, the court will take your assets into account as well as your income.

If you and your husband have assets you can liquidate to pay for a lawyer, then that is what you should do. This is the rainy day you have been saving for. There is no reason why the taxpayers should provide a lawyer when you can afford to pay for one.

Besides, generally speaking, public defenders don't have much time to devote to each of their cases. A privately-retained attorney should be able to do a much more thorough job for your husband. Protecting his interests should take priority over holding onto your assets.

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Answered on 1/21/10, 11:48 am


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