Q: Can you change court appointed lawyers?
A friend is being accused of 1st degree murder. She has a court appointed lawyer. Has been in jail for 1 yr since feb 2023. Still in further proceeding stage because the lawyer keeps extending her court dates. Lawyer has not given her her discovery and has not visited her for over 10 months. (Since may 2023)She promises to visit her to go over the case and doesnt. She straight out said she has other cases and has no times for hers? What can she do? Can she request a new court appointed lawyer?
A:
THE ANSWER IS ALWAYS IT DEPENDS...ON THE FACTS.
YES, YOU CAN REQUEST ANOTHER LAWYER AND EVEN ASK YOUR LAWYER TO DO SO FOR YOU.
YOU SHOULD ORGANIZE THE FACTS AND PRESENT THEM TO THE COURT.
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A:
Under California law, your friend has the right to effective legal representation. If she believes her court-appointed lawyer is not providing adequate representation, she can request a new one. The process usually involves filing a motion with the court, stating the reasons for the change, such as lack of communication, failure to provide discovery, or other concerns regarding the effectiveness of her current representation.
It's crucial for your friend to document all instances where she feels her rights to competent legal representation have been violated. This includes dates when the lawyer failed to visit, times when her lawyer did not respond to her communications, and any statements made by the lawyer regarding her inability to dedicate time to the case.
Finally, your friend should formally request a hearing before the judge to explain her situation and why she believes a new lawyer should be appointed. While the decision is ultimately up to the court, a well-documented request highlighting a lack of effective communication and legal support could strengthen her case for a change. She should also express any specific concerns about how the delays and lack of communication are affecting her defense.
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