QUESTION
How can I get a different public defender?
Asked on Oct 10th, 2011 on Criminal Law - Colorado
More details to this question:
How can I get a different public defender if the current public defender is not for my interest in court?
19 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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A lot of people ask me this question. Are you upset because you expect your attorney to work a miracle? What are the facts of the case? Do you have any legitimate defenses? I tell every client who retains my services: "I am going to tell you things you NEED to hear, not what you WANT to hear". Are you being realistic with your expectations? If you think you are, then ask the judge.
Answered on Jul 08th, 2013 at 8:55 PM
Jacob P. Sartz
Breakdowns between a lawyer and their client happen from time to time. Occasionally, these matters may be fixed with a simple phone call or letter and communication may be restored. Any substitution of council ultimately requires the court's approval. If the matter is too close to trial, the court may refuse any request for a new lawyer. A person who has court-appointed council always has the option of retaining the lawyer of their choice. A person who needs a new court-appointed attorney would be selected a new attorney based on their policies.
Answered on Nov 08th, 2011 at 10:03 PM
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You have to qualify ofr one. Not every county has a PDs office.
Answered on Oct 28th, 2011 at 1:21 PM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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You would have to make a request of the court and state your reasons for the request.
Answered on Oct 14th, 2011 at 9:03 AM
It usually depends on the office. You can start by talking to your current public defender about the problem. If that doesn't solve things, contact his/her supervisor.
Answered on Oct 12th, 2011 at 2:45 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If you think your attorney is not doing his job, you can always request the court to appoint you new one. Keep in mind, they are very leery about doing this as they don't want defendants constantly lawyer shopping at the public's expense. As I don't know the specifics of your case and keeping in mind that this is not to say that your feeling are not valid, but your attorney may very well have your interests in mind even though he isn't telling you what you want to hear or what you think he should be doing or saying. If in doubt, you can always ask for a second opinion from another practicing attorney.
Answered on Oct 12th, 2011 at 11:55 AM
Criminal Defense Attorney serving New Orleans, LA
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Elizabeth B. Carpenter Law
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Rarely can you get a different public defender. He or she would have had to have done something egregious to justify removal from your case. Most people who do not like their public defender choose to hire a private attorney. Good Luck!
Answered on Oct 12th, 2011 at 11:09 AM
Tell your public defender you want to fire him or her, and have the court appoint substitute counsel. Usually the court's will allow this on a first or even second request without a problem.
Answered on Oct 11th, 2011 at 3:06 PM
Theresa Suzanne Hofmeister
Generally you are "stuck" with an appointed counsel and cannot easily switch. There is something called a "Marsden motion" to relieve counsel. I came up with this short summary for you by googling "Marsden motion." Good luck! "A Marsden motion gets its name from the case of People v. Marsden (1970) 2 Cal.3d 118. It is a request to the court by a criminal defendant to discharge their lawyer on the basis of being incompetently or inadequately represented by counsel.A defendant seeking to discharge his appointed counsel and substitute another attorney must establish either 1) that appointed counsel is not providing adequate representation, or 2) that he and counsel have become embroiled in such an irreconcilable conflict that ineffective representation is likely to result.
Answered on Oct 11th, 2011 at 10:58 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
You can't. You either gut it out with the public defender that was appointed to represent you, or you pay to hire your own private representation.
Answered on Oct 11th, 2011 at 9:38 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You have to ask the judge who does not have to give you a new lawyer.
Answered on Oct 11th, 2011 at 1:55 AM
Ask the Judge and explain - in short clear words - why you believe that the public defender is not acting in your best interests.
Answered on Oct 11th, 2011 at 1:24 AM
You cannot get a different public defender in most cases. You can, however, hire your own attorney.
Answered on Oct 11th, 2011 at 1:09 AM
You can tell the Judge you want to do a "Marsden motion" to fire the PD and get someone else. However, since this kind of motion goes on the attorney's record, Judges almost always deny it. But at least you can try.
Answered on Oct 11th, 2011 at 1:09 AM
When you are using a court appointed attorney, you do not get to choose which court appointed attorney you want. A single attorney was not assigned to your case. In theory the public defenders office was appointed on your case. It is up to the head deputy of that court house to assign the public defender that handles your case. You can try talking with the head deputy about the attorney assigned to your case as see if he will assign someone else. Also sometimes the case comes in and one attorney handles it at arraignment another at pretrial or preliminary hearing and another at trial. If you want to insure that you have the attorney you like for the entire case then you will need to hire private counsel.
Answered on Oct 10th, 2011 at 10:27 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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You can ask the judge but you better have a damn good reason because if he doesn't give you one you will be represented by a very pissed off lawyer.
Answered on Oct 10th, 2011 at 10:26 PM
The law provides a free attorney if you can't afford one. You don't have the right to choose which lawyer from the public defenders office is going to represent you. The best way to communicate with your public defender is to write a letter telling the public defender everything you want he/she to know. Public defenders work very hard and often after business hours.
Answered on Oct 10th, 2011 at 10:11 PM
Michael J. Breczinski
Ask the judge and explain why you want another public defender. It is up to the judge if you get someone different or not.
Answered on Oct 10th, 2011 at 5:49 PM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Jaime Cowan, P.C.
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You can try to raise the issue with the court, but normally you do not get to pick and choose which public defender's you get.
Answered on Oct 10th, 2011 at 5:46 PM