has only taken 3 calls and one personal appearance but has continued the case for 7 months and now say i should take a plea even though i am not guilty he also believes that he can not win the trial and if i do not take the plea the court is going to file habitual felony
You can fire him, but you will not be appointed a new one, you willhave to hire your own attorney and you will need to move without delay to do so.
And I suppose your extensive experience trying cases in criminal court and representing numerous clients makes you an expert in criminal defense matters. As stated, you can fire the attorney if you want, but you will not likely be assigned another court appointed attorney.
Continuances are a natural part of a criminal case and often benefit the defendant because as time passes, witnesses for the prosecution become less reliable.
Just because you don't like the attorney's advice, doesn't mean the attorney does not have your best interests in mind. The cardinal rule of criminal cases from the attorney perspective is that the case always gets worse as to progresses, not better. As more and more facts come to light, the case always gets worse. So, after 7 months and interaction with the prosecution, maybe the attorney's advice is sound.
Acceptance of a plea in exchange for the State not seeking indictment on habitual felon occurs routinely. It sounds to me like you have never attempted to consult with your attorney. You should contact their office and schedule an appointment to go in to meet with your attorney so you can fully discuss your options. It is difficult as an attorney to consult in depth with your client about serious matters such as habitual felon status in the hallway of the court. If after this you still do not desire their representation, then request they be relieved at the next court date. But, as was previously stated you should be ready with retained counsel at that time.
This answer is not intended to be legal advice. Further understanding of the particulars would be required before I would be able to give specific legal advice. This answer for general discussion only and should not be relied on without further legal consultation.
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