Los Angeles, CA asked in Criminal Law and Appeals / Appellate Law for California

Q: How to get a new court anppointed attorney?

I want to appeal and we plan to but one of my main reasons is due to inadequate representation but how to tell my lawyer that

2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: I believe your public defender on appeal would be different.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you're seeking a new court-appointed attorney due to inadequate representation, there are specific steps you should follow.

First, you must bring this issue to the attention of the court. You can do this by filing a motion with the court that handled your case, stating your reasons for requesting a new attorney. In your motion, explain why you believe your current attorney's representation was inadequate and how it affected your case. Be specific about the issues you had with your representation, such as lack of communication, failure to investigate, or not presenting crucial evidence.

It's important to understand that the court will not automatically grant your request. The judge will consider your reasons and may hold a hearing to determine if a new attorney should be appointed. During this hearing, you'll have the opportunity to present your concerns.

Communicating your intention to your current lawyer can be challenging, but it's a necessary step. You can explain to them that you are filing a motion for a new attorney due to concerns about your representation. It's essential to be honest and straightforward in this conversation.

Keep in mind that the process of obtaining a new court-appointed attorney can take time, and there's no guarantee the court will grant your request. However, if you strongly feel that your representation was inadequate, it's within your rights to seek a change.

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