Can i request a different public defender than the one i was appointed if i already had him and he failed me miserably?

Asked almost 2 years ago - Hillsboro, OH

30 years ago I was appointed the same guy they gave me this time. they are telling me im stuck with the one they choose for me, but i just cant believe that.

Attorney answers (4)

  1. Christopher Lee Beck

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . I suggest starting with your current attorney and trying to resolve your issues. 30 years ago was a long time and many things have changed. I also offer that your idea of being failed may be based on the case you had 30 years ago. Clients often have unrealistic expectations as to a specific case. Talk to the attorney without being accusatory. If that does not resolve the issue you should hire your own attorney. The courts are clear that you have a right to court appointed counsel but this does not mean you get to choose the attorney. If you truly can not afford an attorney you should write a letter to the judge requesting to be appointed a new attorney. I would not put anything in about the 30 year old case. You must list specific reasons without sounding like you are whining or just trying to delay the case. Good luck.

    www.becklawofficellc.com
    Dayton, Ohio Attorney

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  2. Frank Mascagni III

    Contributor Level 20

    7

    Lawyers agree

    Answered . Judges are reluctant to allow a defendant to select his public defender absent some extraordinary good cause. If you are not happy with your court appointed lawyer, meet with him and clear up your concerns. If still not satisfied, hire a private attorney in your area to defend you at court.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  3. William A. Jones Jr.

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I agree completely with Attorney Mascagni's observations. Although you give us no clue as to the seriousness of the current charges, you really need to figure out how to retain experienced criminal defense counsel. Good luck.

  4. Francis John Cowhig

    Contributor Level 12

    4

    Lawyers agree

    Answered . Unlike firing a paid attorney, you need a reason to fire your public defender. The fact that you don't like him or do not feel he is doing a good job for you may not be enough.

    A judge is more likely to permit you to change public defenders if your current lawyer is somehow violating your right to adequate representation. Some evidence of that could be:

    (1) Missing appointments or filing deadlines,
    (2) Not informing you about your case status or hearing dates,
    (3) Forcing you to enter a plea, or
    (4 Ignoring important evidence.

    To change your public defender, you generally need to write a letter to the judge in your case or contact the public defender's office, depending on the rules in your state. Make sure you keep good notes of what you believe to be the biggest problems with your attorney.

    There's a chance a judge will grant your request if you have good reason to change public defenders. But they're unlikely to grant a second request, so make sure you really do need a new lawyer.

    Before you file any paperwork, make sure that you talk to your current public defender. Sometimes the issue isn't that your attorney isn't doing the work, it's a communication problem. Tell your attorney about what is making you unhappy, and see if something can be done to change it.

    Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be... more

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