Legal Question in Criminal Law in California

two months into this drug case, that had so many loopholes, my attorney whom i did not have a compatible relationship with, decided on her own without consulting me approached the judge and asked for a competency hearing for me. at this time i felt things were not going well and my attorney was not acting in best interest, i left town.

i want to go back and address this case, but how can i avoid this hearing business this woman attorney started. will another attorney pick up where this attorney left off. she was a pu blic defender and took things personally rather then professional. if i hire an attorney, this should be able to be avoided?


Asked on 8/18/09, 12:59 am

1 Answer from Attorneys

Gary Polston The Law Office of Gary M. Polston

My experience with this in the past, is that once an attorney has openly expressed their doubts about your capacity to help in the representation, you will need to go through the evaluation. This is even before you will be deemed capable of hiring a new attorney.

That said, you would be smart to have the new attorney with you when you go back to Court. Even though they will not officially be viewed as your retained attorney, the Court will usually allow them some courtesy in pushing things along (I say usually, because what your particular Judge will do is unknown).

Also, please keep in mind that there might be a Warrant for your arrest if you missed a Court appearance. Good luck with your case.

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Answered on 8/18/09, 1:36 pm


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