subject: Switching From One Criminal Lawyer To Another [print this page] If you are facing a criminal charge, you want a fair trial. The Constitution of the United States guarantees you as a citizen the right to such. You are also guaranteed the right to legal representation under the law. If you cannot afford a criminal lawyer, you will be appointed one. If on the other hand, you can afford one, you can hire your own.
But what if your criminal lawyer is not doing what you expected of him or her? What if he or she keeps letting you down, is not accessible by phone or e-mail and is generally, in your opinion, incompetent? If you feel that the defense your legal provider is building for you is flimsy and you fear the worst, you do not have to continue being represented by the person. Even if the trial is already underway, you can still find a new criminal lawyer who can improve your chances of winning your case.
You want to find a defense attorney who will suit all of the needs that you have. You want someone who is qualified and experienced, but also someone you are comfortable with and that you can afford.
A defense attorney worth your time needs to have experience when it comes to conducting trials. It is best to choose someone who has defended clients with similar charges to yours in the past. In that way, you will know that he or she has practiced in the area that you require.
Discuss fees with the prospective replacement attorneys that you consult with. Ask about their pay structures. Not every criminal lawyer will bill his or her clients in exactly the same manner.
When you interview new attorneys, it is important that you discuss with them the issues that you encountered with your previous legal specialist. You do not need to provide every small detail, but you need to feel confident that you will not run into the same problems with the new defense attorney that you hire.
If you are still in the pre-trial phase of your case, file a motion to substitute counsel. You are more likely to have your motion granted at this point if it would provide your new criminal lawyer the opportunity to get up to speed and be sufficiently prepared for the trial.
But what if the trial has already begun and you want to get a new legal practitioner to represent you? If this happens, you can still file a motion to substitute counsel. The judge may not be so inclined to grant your motion at this time. However, you will still be able to place everything that concerns you about the lawyer on record, including why you wish to fire him or her and what has gone wrong, etc. This can come in handy once the post-trial motion stage is reached or if you have to appeal the court's decision.
