Q: Hello my brother has a criminal case and has assigned counsel. How do I get a paid lawyer or a new lawyer assigned?

A: Where exactly is your brothers case pending? What is he charged with? You need to consult with an experienced criminal defense attorney for proper representation ASAP.

A: Assigned counsel exists when a court finds that the defendant is indigent and cannot afford representation. However, if money sufficient for retaining private counsel occurs, all that is needed is for that counsel to submit a Notice of Appearance which triggers the assigned counsel being relieved by the court which assigned that attorney.

A: In New York, individuals charged with crimes have the right to legal representation. If your brother currently has assigned counsel (a public defender or court-appointed attorney) and wants to change his representation, the process will depend on whether he seeks to hire a private lawyer or request a new assigned attorney. Here’s how this can be addressed:

If your brother wants to replace his assigned counsel with a private lawyer, he or your family can hire one at any time. To do this, you can research and contact attorneys who specialize in criminal defense. Once retained, the private lawyer will file a notice of appearance with the court, formally taking over the case.

When transitioning to a private lawyer:

• Inform the Court: Notify the assigned counsel and the court about the change in representation.

• Payment Considerations: Ensure you understand the private lawyer’s fees, as retaining private counsel typically involves upfront costs, hourly rates, or flat fees.

• Timeliness: Act quickly, especially if the case is nearing significant proceedings like a trial, to give the new lawyer enough time to prepare.

If your brother cannot afford to hire a private attorney but is dissatisfied with his assigned counsel, he may request a new lawyer. However, this process is not automatic and requires demonstrating good cause, such as:

• Conflict of Interest: If the current lawyer has a direct conflict of interest that prevents effective representation.

• Ineffective Assistance: If the lawyer’s performance has been inadequate, such as failing to communicate, prepare, or advocate effectively.

• Breakdown in Communication: If the relationship between your brother and his lawyer has completely deteriorated, making effective representation impossible.

To request a new assigned counsel:

1. Raise the Issue with the Court: Your brother must notify the judge about his concerns, typically during a scheduled court appearance.

2. Provide Specific Reasons: The court will require detailed reasons for the request. General dissatisfaction or lack of agreement on legal strategy may not be sufficient.

3. Judge’s Discretion: The decision to assign new counsel is at the judge’s discretion. If the court finds the concerns valid, it may assign a new lawyer from the same office or another legal aid organization.

Courts are cautious when replacing assigned counsel to avoid unnecessary delays in legal proceedings. It is important for your brother to be prepared to explain why a change in representation is necessary and how it impacts his ability to receive a fair defense.

Disclaimer: This response is intended for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.