Valid Reasons to Change Your Criminal Defense Lawyer
When your freedom is at stake, having the right to criminal defense lawyers matters. You might need to fire your current lawyer and hire a new attorney if certain problems come up during your case.
- Poor communication
- Disagreements about case strategy
- Lack of experience with your type of crime
- Not enough time spent on your case
Communication Breakdowns and Unresponsiveness
When your lawyer doesn’t return calls or misses meetings, this creates serious problems for your defense. Your attorney-client relationship depends on good communication. Many defendants switch lawyers because their current attorney doesn’t keep them updated about court dates or case progress. The demanding workload of public defenders – often juggling hundreds of cases simultaneously – can create significant challenges in case preparation.
Strategic Disagreements About Your Case
Your defense strategy should match your goals. If your current representation pushes for a plea when you want to fight the charges, this matters. While your lawyer gives legal advice, key decisions belong to you as the defendant. The choice between pleading guilty and going to trial is yours alone to make – no one can force this decision upon you.
Lack of Specialized Experience With Your Charges
Criminal defense covers many types of crimes. A lawyer good at handling DUI cases might not know much about fraud charges. Before you hire a private attorney, ask about their experience with cases like yours. Your best interest is served by a lawyer who knows how to defend against your specific charges.
The Process of Switching Attorneys Mid-Case
If you decide to change lawyers during your court case, you’ll need to follow certain steps. The process helps ensure you don’t harm your case while switching from your current lawyer to new counsel.
First, write down all issues with your current attorney. Keep copies of emails and notes from phone calls. This helps if you need the judge’s permission to change lawyers, especially with a public defender.
Those with a public defender need to file a request with the court. In California, this is called a Marsden motion. The judge will hold a private hearing to decide if you can get a new public defender assigned to your case.
If you have a private lawyer, send a letter ending their services. But don’t fire your current attorney before finding new counsel. Having no lawyer, even briefly, can hurt your case if you miss important deadlines.