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I recently fired my public defender. Retaining counsel. New court date in 3 weeks. Is it possible to get more time to work case?

Amarillo, TX |

Charged with pos. c/s 1>4 g. on 8/12 12. Made bond and was appointed cousel thru the public defenders office in Randall Cnty Tx. I do have a history. Learned about indictment thru newspaper, not attorney. The state enhances charge from 3rd to 2nd which carries 2-20 yrs. state s first offer is 10 yrs. t.d.c.j. A week or so before court my atty. calls and says he got them down to 7 yrs.. My atty. postpones the 1st court date on his behalf. The 2nd one i could not make and asked to have postponed due to personal matters. He calls back and said he tried to get postponment w/ no luck and that i had until 11am to get to the courthouse or the bondwould be revoked and warrant issued. I live over 90 miles away. I then call court admn.& she does it w/out hesitation. He didnt even really try.FIRED

Excuse me! I apologize by using the term "fired". I guess I should have said I hired an"attorney". The courts allowed this and greatfully so!!

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Attorney answers 3


You can't fire a public defender because you didn't hire him. He was appointed by the Court and only the Court can remove him. If this indeed happened I wouldn't be so happy about it. Finding a decent private attorney can be difficult.


The court should grant your new attorney time to read over the case, develop a case strategy, and investigate any matters that could be relevant.

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones


However, such accommodations are sometimes lacking in Texas. Depends a great deal on where and before whom the case is pending.


Mr. Loncar from Los Angeles has given the textbook answer. However, some judges are reluctant to give added time for a recently hired lawyer to get ready. This especially true if the new lawyer comes into the case right before the scheduled trial date. However, sometimes that works out just fine. I substituted in for appointed counsel about 10 days before a scheduled jury trial date on a second degree felony this month, and the judge gave me no trouble getting the trial moved off a few months to get ready. Your new lawyer should be able to orient you to what may go down in your particular case.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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