Aurora, CO asked in Criminal Law

Q: What happens if my public defender resigns his position with the public defenders office less than 1 month before trial?

Trial scheduled for January 10, 14 and 15 2019 and I wasn't informed that my public defender resigned his position with the public defenders office until December 18 2018. My right to speedy trial is extremely close to the final date and I have not asked for a continuance or waived my right to speedy trial.

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1 Lawyer Answer
Bernard Crane
Bernard Crane
  • Criminal Law Lawyer
  • Washington, DC

A: The public defenders service will provide a new lawyer for you, but the lawyer will probably have to ask for a continuance so he can be fully ready. However, if yo don't WANT a continuance, you should write to the judge now and tell him you need to have a new lawyer assigned immediately.

In the end, you will probably have to decide which is more important to you - the right to a speedy trial or the right to competent counsel. In the end, it is YOUR decision to make, not your attorney's.

Unfortunately, the judge probably will NOT grant a motion to dismiss for a violation of speedy trial if the delay is due to your own lawyer's fault, only for delay caused by the police or the government.

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