If you’ve been charged with a crime, you need a criminal defense attorney. Unfortunately, it’s not just a matter of having an attorney. You want the right attorney.
Your choice of a criminal defense attorney is important, because having the right person on your side will help save you time and money. It will also reduce unnecessary stress and give you the best chance of a favorable outcome to your case. But finding the right defense attorney can take some time, and you don’t always get it right the first try.
There are a variety of different reasons why you might want to change your defense attorney:
It’s not out of the ordinary for criminal defense clients to feel these things about their attorney. Attorneys are human, after all, and differences in communication style and approach to practicing law can conflict with you might want. But whatever the reason you’re unhappy, just remember that you generally have the right to change your criminal defense attorney.
Before you jump the gun and fire your attorney, though, there are some limitations to changing attorneys in the middle of a criminal case.
For one, if you want to fire your attorney after your trial has begun, you may need the court’s permission to do so. Courts will generally allow this, especially if you already have a new attorney to replace your current attorney. But, the court may deny the change if it thinks that it will unreasonably postpone your trial or delay your case. If you are approaching deadlines, you may be required to waive your constitutional right to a speedy trial, as well. You should discuss speedy trial deadlines and strategies regarding speedy trial before waiving this right.
Furthermore, in addition to paying your new attorney, you will still be obligated to reimburse your old attorney for any costs they have incurred while representing you and to compensate them for the amount of time they spent on your case. And once you hire a new attorney, he or she may need to request a continuance to get up to speed on your case, which will further increase your legal costs.
Finally, if you are in jail, changing attorneys may increase the length of time that you will have to remain in jail before securing a release. That’s never a good thing but at least you are likely entitled to presentence confinement credit if you ultimately end up receiving a jail sentence.
Before you go to the trouble of finding a new attorney and starting over again, though, there are some things you can try with your current defense attorney.
The most important piece of advice I can give when it comes to approaching your attorney about your dissatisfaction: don’t be afraid of this conversation. As attorneys, we hear this kind of feedback all the time, and we want our clients to be satisfied. So just be honest about what’s going on.
If all else fails and you understand the drawbacks associated with changing your criminal defense attorney, it may be time to hire someone else. When you have found a suitable replacement, let the prospective attorney know that you are already being represented by someone. This is a key piece of information that I need to know the first time we talk.
Once hired, your new attorney can advise your old attorney that he or she will be taking over your case. Your old attorney will usually have no problem with being released from any further responsibilities in your case and will can hand over your files. However, even if you believe that you have found a suitable replacement, under no circumstances should you fire your current attorney until you have officially retained the services of your new attorney. Just don’t, no matter how much you may want to. Trust me on this.
Looking for a new criminal defense lawyer?
Don’t take chances with your criminal case. The stakes are too high. If you are not happy with your current criminal defense attorney, because they are not being responsive or you feel that they are not doing a good job, you should consider replacing them.