I am going to trial for a misdemeanor crime i didn't commit. I have no priors, never arrested, a witness says i look most like the female but not sure, im a co defendant and the main felony case was dismissed. It has been over a year of court dates since arraignment. My alternative lawyer. Doesn't seem to be doing much when it comes to being on my side and helping to have this dismissed. The other defendant when questioned 1st that i had no part in it. Weeks later said he said i was but cant be clear on details cuz he was too high then to Remember. His change of statements is why they charged me. Does it make him a non creditable witness?
Some states are more willing to allow you to change your court appointed attorney, some are not. Because he is court appointed, you really don't have the option to just fire him and get a new court appointed attorney. You have to explain to the court why you need a new one. If you can afford counsel of your own, you can get a new lawyer more easily.
I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation, social security disability and legal malpractice. Nothing I write on Avvo is legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in anything I write on Avvo without retaining your own lawyer in your state. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
If your court appointed attorney was instrumental in getting the felony charge dismissed, I am hard pressed to see how this attorney is not acting in your best interests. Your attorney cannot "make" the DA or court dismiss the case or meaningfully impact the court's scheduling of events. The point of trial is to resolve disputed facts. All you are describing are disputed facts. It is up to the judge/jury to decide the issue. The fact that the case has been pending for a year is neither here nor there and certainly not uncommon. You don't really describe an issue with your lawyer.
As Jennifer points out, if you must rely on public defenders/court appointed attorneys, you don't necessarily have the right to simply switch to a new, FREE lawyer. If you can afford to pay an attorney, you are can, by all means, go hire an attorney. However, it may be a challenge for you to get a new court appointed attorney since it is far from clear that your attorney has done anything wrong or unethical. However, if you desire a new attorney, you will need to file a request with the court.
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