Port Orchard, WA asked in Criminal Law for California

Q: Can I change my APD if a trail date has been set?

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2 Lawyer Answers
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Most public defender offices will not allow you to pick, or change your appointed counsel, but you can hire an attorney privately at any time.

The question is whether the court will allow the substitution of attorney if it delays the proceedings, because the ' People' have speedy trial rights too. The courts balance that against your right to be represented by an attorney of your choosing, which typically wins out.

As long as the substitution is made within the statutory time frame to continue the trial,( which motion the attorney would no doubt be doing) , it should be allowed. In my jurisdiction that's 5 days before trial. Your local rules may differ.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

legally yes it can be done

i think the issue will be whether the PD office is willing to do so as they don't allow you to pick your PD

however, if you have a legit reason and report it to a supervisor in the PD's office, you probably can do it.

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