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If youhave a conflict of interest with your public defender can you have another appointed?

Homosassa Springs, FL |

i don't feel my public defender is looking out for my best interest

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Attorney answers 5

Posted

Yes, but the judge has to have a hearing on the record first. If the judge finds a conflict then you are entitled to a different court appointed attorney.

Posted

A feeling does not a conflict make.

David R. Damore, Esq., Damore, Delgado, Romanik & Rawlins, Daytona Beach, FL, (386) 255-1400. Mr. Damore is a former Volusia and Broward County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Poetic.

David Richard Damore

David Richard Damore

Posted

Thank you,It' nice to be recognized by my cooleagues... lol

David Richard Damore

David Richard Damore

Posted

sorry i misspelled colleague

Posted

Yes. If your PD has a conflict, the whole office has one. A conflict attorney may be appointed. Keep in mind that a conflict of interest is a specific scenario and not simply disharmony between you and your attorney. Regardless, you do have the right to an attorney of your choosing. You should consider consulting with a reputable pirate attorney if there is any way for you to afford a reasonable fee. Good luck.

This content is informational only and does not establish an attorney-client relationship.

Mark Nickolas Longwell

Mark Nickolas Longwell

Posted

I meant to type "private" attorney.

Posted

A conflict of interest would be if your attorney also represented another defendant in your case or was representing your wife in a divorce while defending you on these charges. Disagreement is not "conflict of interest." You are always free to hire your own defense attorney. You can ask to have another appointed. Rarely done.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

Posted

That is a common complaint, but you have to have something more concrete than you don't think he is working in your best interest. The court will hold a hearing and determine if your concerns warrant a change of counsel.