Legal Question in Criminal Law in Massachusetts
can you fire your defense attorney.
We want a seperate trial. I am going to trial for b&e with my father, who has a long crimal record and has been in jail a few times. I have no prior record and there has been no evidense on me. Why can't I have a seperate trial, not with my father? My lawyer says no he hasn't even tried to ask the court. I also feel strongly that he has not been looking out for my best interested, my family has payed him alot of money and we are not happy with his services. thanks
2 Answers from Attorneys
Re: can you fire your defense attorney.
There are ways to obtain a your own trial. For instance Bruton issues, regarding statements of co-defnedants, comes to mind. It appears that you have a communication problem with your lawyer. You need to sit down with him and discuss trial and the impact of going it alone or with your father as a co-defendant. If you are not happy, you can seek another attorney but must act immediately. A judge may not let you delay trial just to get a new lawyer.
WARNING AND DISCLAIMER: This response is provided for general informational purposes only. It is not a substitute for speaking to an attorney qualified and experienced in criminal defense. This response does not establish an attorney-client relationship. Reliance on this information without seeking advice from an attorney could be harmful. Beyond jail and fines, criminal charges often carry unforeseen collateral consequences impacting employment, security clearances, military service, student loans, drivers license, possession of firearms and voting. If you are the subject of a criminal investigation, under no circumstances should you speak to the police without consulting an attorney. Criminal charges are serious, speak to an attorney!
Can you fire your defense attorney.
You can always petition the court to sever. This asks the court to hear each defendant's case separately. You need to have a good reason for this.
In most cases, this is not an issue.
Unless the facts lean toward severance, or unless you have asked your attorney to seek a severance, your lawyer may not need to petition the court for this.
If you are dissatisfied with your attorney, you should speak to your attorney.
There is some new case law regarding the dismissal of an attorney.
If you have further questions, or want assistance, contact me.
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