Sacramento, CA asked in Criminal Law for California

Q: If you ask to fire your attorney can a judge deny it

Attorney won't do his job, judge won't let us fire him. Say we don't have enough against the attorney to fire him.

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

A: much more info is needed.

every case is fact specific........in other words what are the reasons pro and con?

is this a private lawyer you retained?...........or a court-appointed Public Defender?

if improper ruling, you may have good grounds for an appeal....thus getting a second bite of the apple.

Dan Moseley
Dan Moseley
Answered
  • Criminal Law Lawyer
  • Fresno, CA
  • Licensed in California

A: It sounds like you are trying to replace a court-appointed attorney and have a different lawyer appointed to represent you without charge. A Marsden motion and hearing is the proper procedure for making this request, which a judge will deny when there is insufficient evidence of the attorney's alleged ineffective assistance, malpractice, or inability of client and attorney to work together. A client is free to replace a privately-retained attorney at any time, although a judge may deny a substitution request if it is made without adequate reason close to trial.

Joseph Abrams agrees with this answer

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