Is it possible to have a second pre-trial? Or would I be forced to go to a jury trial?

Asked about 1 year ago - Van Nuys, CA

I have been appointed an attorney for my pre-trial. She does not look too exciting about getting the best possible deal for my case, but I am going to stick with her for right now. If during the pre-trial she does not aggressively bargain for a lesser charge, but instead advises me to plead guilty for a lower sentence, can I finish my relationship with the attorney, request a second pre-trial and use that time to hire a private attorney? What is the chance of the judge denying my request. Or would I be better off to go to a jury trial with my attorney?

Attorney answers (5)

  1. James E Dunn

    Pro

    Contributor Level 11

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    Answered . I agree that getting a private attorney would be the best solution. Certainly then you could ask for an additional pretrial negotiation. If you can't afford a private attorney, you could then bring what's called a "Marsden motion".

    That motion would allow you to have a different public defender than the one that is representing you now.

    I wish you the best of luck,
    Jim

  2. Kelvin P. Green

    Contributor Level 18

    14

    Lawyers agree

    Answered . What does not look too exciting about best possible deal mean?
    What does aggressively bargain for a lesser care mean?
    What is difference between a lesser charge and a lower sentence if in the end it does the same thing?

    I think you expect your PD to work miracles and that somehow a different attorney after you have tired once will do something better. You are not considering the fact that if the DA has a strong case with strong evidence, the DA may be unwilling to deal. They may want to use you as an example. If the lesser charge is not even on the table...
    You can always go to jury trial but if they ave a good case you can be convicted as charged..

    Don't expect miracles...

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  3. Stacy E Pepper

    Pro

    Contributor Level 13

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    Answered . It differs from state to state, court to court, and judge to judge, but generally speaking you get one pretrial to work out a plea, and depending on your state/court/judge you may not be able to enter anything after that but an open plea or face the jury. If you at all can come up with the money, I strongly suggest to hire private attorney now if you are already conserned about your PD. Best of Luck

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in... more
  4. James Donald Garrett

    Contributor Level 20

    10

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    Answered . If you are unhappy with the way the PD is handling the pre-trial and negotiations, I cannot see how you will be any more satisfied with her representing you during a jury trial. Consult with a criminal attorney in your area about your options to either retain private counsel, or file a Marsden motion. I wish we had a similar motion here in Virginia.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  5. Anthony Michael Solis

    Pro

    Contributor Level 20

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    Answered . If you aren't happy with your attorney, you can get retained counsel at almost any time. You only get one chance to get this right. There aren't many "do-overs" in criminal court. You can whatever you can pre-trial, but once you have a trial, or plead, that's usually it. If you are unhappy with your attorney, get a new one-- a private one. You don't get your choice of attorney if you elect to use the PD

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